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ELLIOTT v. JPMORGAN CHASE BANK

No. 30A01-0907-CV-356.

920 N.E.2d 793 (2010)

Marilyn L. ELLIOTT and Michael S. Elliott, Appellants-Defendants, v. JPMORGAN CHASE BANK, as Trustee on Behalf of the Registered Certificate Holders of GSAMP Trust 2004-SEA2, Mortgage Pass-Through Certificates, Series 2004-SEA2, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 3, 2010.

Attorney(s) appearing for the Case

Thomas E.Q. Williams, Greenfield, IN, Attorney for Appellants.

Sarah A. Okrzynski, Reisenfeld & Associates, Cincinnati, OH, Attorney for Appellee.

OPINION

BAKER, Chief Judge.

The Kafkaesque character of this litigation is difficult to deny. Having failed to receive a summons that may have been improperly served upon them, Marilyn and Michael Elliott learned that a default judgment had been entered against them, foreclosing on their home because of a mortgage that was allegedly in default. The home was sold in a sheriff's sale to the lending bank. Feeling confused and suspicious, they turned to the...

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