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SUTTON FUNDING, LLC v. JAWORSKI

No. 49A02-1006-MF-709.

945 N.E.2d 705 (2011)

SUTTON FUNDING, LLC, Appellant-Plaintiff, v. Janusz JAWORSKI, and First Midwest Bank, Appellees-Defendants. First Midwest Bank, Counterclaimant, v. Sutton Funding, LLC, Counter-Defendant. First Midwest Bank, Cross-Claimant, v. Janusz Jaworski, Cross-Defendant.

Court of Appeals of Indiana.

February 23, 2011.

Attorney(s) appearing for the Case

Mary A. Slade , Plunkett Cooney , Indianapolis, IN, Attorney for Appellant.

Kathryn D. Schmidt , Burke Costanza & Cuppy LLP, Merrillville, IN, Attorney for Appellee First Midwest Bank.

OPINION

BAKER, Judge.

In the midst of a refinance of a mortgage, the refinancing mortgage broker requested a payoff statement from the mortgagee bank. The bank provided a payoff statement, and the broker and title agent relied on the amount contained in that payoff statement in good faith. Although it was later revealed that the payoff statement mistakenly understated the amount of the mortgage by a significant...

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