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CHARTER ONE MORTG. CORP. v. CONDRA

No. 49S05-0612-CV-497.

865 N.E.2d 602 (2007)

CHARTER ONE MORTGAGE CORPORATION, Appellant (Defendant below), v. Kyle CONDRA, on behalf of himself and others similarly situated, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 2, 2007.

Attorney(s) appearing for the Case

David P. Sanders, Michael T. Brody, Chicago, IL, Elizabeth G. Porter, Washington, D.C., David C. Campbell, Karl L. Mulvaney, Indianapolis, IN, Attorneys for Appellant.

Daniel P. Stipano, Deputy Chief Counsel, Horace G. Sneed, Director, Ernest Clifford Barrett, III, Senior Counsel, Litigation Division, Office of the Comptroller of the Currency, Washington, D.C., Susan W. Brooks, United States Attorney, Southern District of Indiana, Shelese Woods, Assistant United States Attorney, Indianapolis, IN, Attorneys for Amicus Curiae The Office of the Comptroller of the Currency.

Irwin B. Levin, Richard E. Shevitz, Scott D. Gilchrist, Eric S. Pavlack, Kelley J. Johnson, Indianapolis, IN, Attorneys for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A05-0501-CV-30

BOEHM, Justice.

We hold that the preparation of mortgage documents by non-attorneys does not necessarily constitute the practice of law and that a lender's charging a fee for the preparation does not convert it into the unauthorized practice of law.

Facts and Procedural History

In 2002, Kyle Condra borrowed $89,600...

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