NEU v. GIBSON

No. 49S02-0910-CV-442.

928 N.E.2d 556 (2010)

Thomas A. NEU, Elizabeth A. Neu, and Wells Fargo Bank, N.A., Appellants (Defendants and Cross-claimants below), v. Brett GIBSON, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 1, 2010.


Attorney(s) appearing for the Case

Craig D. Doyle, Mark R. Galliher, Kurt V. Laker, Indianapolis, IN, Attorneys for Appellants.

Sean M. Clapp, Fishers, IN, Attorney for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0811-CV-1031.

SHEPARD, Chief Justice.

Brett Gibson sold his business to John Nowak. Nowak financed his purchase in part with a note secured by a second mortgage on Nowak's residence. Nowak subsequently sold his residence to Thomas and Elizabeth Neu, who did not know of Gibson's mortgage. When Nowak defaulted, Gibson foreclosed. During an earlier appeal, the Court of Appeals determined that...

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