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GAINER BANK v. COSMOPOLITAN NAT. BANK

No. 64A03-9105-CV-127.

577 N.E.2d 992 (1991)

GAINER BANK, Formerly Known As Gary National Bank, Not Personally but As Trustee under a Trust Agreement Dated January 10, 1955, and Known As Trust No. P-1935; Bongi Cartage, Inc., an Illinois Corporation, Appellants-Defendants below, v. THE COSMOPOLITAN NATIONAL BANK OF CHICAGO, a National Banking Association, Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

September 18, 1991.

Attorney(s) appearing for the Case

James Kingsland, Herbert S. Lasser, Herbert S. Lasser & Assoc., PC, Merrillville, for appellants-defendants.

Robert A. Pete, Gastevich & Pete, Crown Point, for appellee-plaintiff.

STATON, Judge.

Gainer Bank and Bongi Cartage, Inc. appeal a grant of summary judgment in favor of Cosmopolitan National Bank on its complaint to foreclose mortgage, raising two issues for our review, which we consolidate as one:

Whether a mortgagee has an implied duty to facilitate the sale of a portion of the real estate before pursuing its right to foreclose under the mortgage.

We affirm.

On February 21, 1986, Bongi Cartage, Inc. executed...

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