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LUCAS v. U.S. BANK, N.A.

No. 28A01-0910-CV-482.

932 N.E.2d 239 (2010)

Mary Beth LUCAS and Perry Lucas, Appellants-Defendants, v. U.S. BANK, N.A., As Trustee for The C-Bass Mortgage Loan Asset-Backed Certificates, Series, 2006-MH-1, Appellee-Plaintiff, and Litton Loan Servicing, LP, Appellee-Third-Party Defendant.

Court of Appeals of Indiana.

August 11, 2010.

Attorney(s) appearing for the Case

Christine M. Jackson, Chris Jackson Law LLC, Indianapolis, IN, Attorney for Appellants.

Craig D. Doyle, Mark R. Galliher, Amanda J. Maxwell, Doyle Legal Corporation PC, Indianapolis, IN, Attorneys for Appellee U.S. Bank.

OPINION

BAKER, Chief Judge.

In April 2005, Mary Beth and Perry Lucas (the Lucases) entered into a consumer mortgage loan transaction (the Loan) with Argent Mortgage Company, LLC, (Argent). An escrow account was established from which the hazard insurance and property taxes were to be paid.

Unfortunately, less than four months after the Lucases closed on the Loan, disputes began to occur between the Lucases and the loan servicer regarding the escrow...

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