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MONEY STORE INVESTMENT CORP. v. SUMMERS

No. 02A03-0807-CV-384.

909 N.E.2d 450 (2009)

The MONEY STORE INVESTMENT CORPORATION (now, Wachovia Commercial Mortgage, Inc., Its Successor in Interest), f/d/b/a First Union Small Business Capital, Appellant-Defendant, v. Neal A. SUMMERS, et al., Appellee-Plaintiff.

Court of Appeals of Indiana.

July 10, 2009.

Attorney(s) appearing for the Case

Mark R. Galliher, Craig D. Doyle, Indianapolis, IN, Attorneys for Appellant.

G. Martin Cole, Jeremy J. Grogg, Fort Wayne, IN, Attorneys for Appellees.

OPINION

SHARPNACK, Senior Judge.

This appeal involves issues of liens and priorities between Paula Phillips ("Phillips"), a judgment creditor and assignee of a first mortgage holder ("National City"), and The Money Store Investment Corporation, d/b/a First Union Small Business Capital ("Money Store")1, the holder of a second mortgage, for the cost of repairs, insurance, and taxes with respect to the mortgaged property owned by...

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