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MONEY STORE INV. CORP. v. SUMMERS

No. 02S03-0508-CV-355.

849 N.E.2d 544 (2006)

The MONEY STORE INVESTMENT CORPORATION d/b/a First Union Small Business Capital, Appellant (Plaintiff below), v. Neal A. SUMMERS, Happy Hiker, Inc., Mangy Moose Enterprises, Inc., National City Bank of Indiana f/k/a Fort Wayne National Bank, Paula Phillips, et al., Appellees (Defendants below).

Supreme Court of Indiana.

June 27, 2006.

Attorney(s) appearing for the Case

Mark R. Galliher, Craig D. Doyle, Joann B. Friedmeyer, James L. Shoemaker, Indianapolis, IN, Attorneys for Appellant.

John Burt, G. Martin Cole, Jeremy J. Grogg, Jeffrey Clark, Fort Wayne, IN, Attorneys for Appellee Paula Phillips.

On Petition to Transfer from the Indiana Court of Appeals, No. 02A03-0404-CV-170

SHEPARD, Chief Justice.

Junior creditors usually wish they were higher up the priority ladder. Here, the junior creditor took an assignment of the first mortgage holder's "dragnet" mortgages, seeking to "tack on" her judgment lien and "leapfrog" the second mortgage holder. Understandably, this constitutes a matter of first impression. Our conclusion: this was a nice try, but...

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