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CITIZENS STATE BANK v. COUNTRYWIDE HOME

No. 76S03-1009-CV-515.

949 N.E.2d 1195 (2011)

CITIZENS STATE BANK OF NEW CASTLE, Appellant (Defendant and Cross-claim Plaintiff below), v. COUNTRYWIDE HOME LOANS, INC., d/b/a America's Wholesale Lender, Appellees (Plaintiff below), and Federal National Mortgage Association and Steuben County Treasurer, Appellees (Cross-claim Defendant below).

Supreme Court of Indiana.

June 29, 2011.

Attorney(s) appearing for the Case

Robert G. Forbes , Nathan T. Danielson , Forcum, Forbes & Danielson LLP, Hartford City, IN, Attorneys for Appellant.

Donald L. Centers , Hannon Kolas & Centers, P.C., Indianapolis, IN, Attorneys for Appellee.

Craig D. Doyle , Mark R. Galliher , Kurt V. Laker , Doyle Legal Corporation, P.C., Indianapolis, IN, Attorneys for Amicus Curiae Indiana land Title Association, Inc.

RUCKER, Justice.

A mortgage holder foreclosed its mortgage, took title to the subject property at a sheriff's sale, and then sold the property to a third party. The foreclosing mortgagee subsequently discovered it had inadvertently failed to name a junior lienholder in the foreclosure action. We granted transfer to shed light on the status of the original first mortgage in this context.

Facts and Procedural History

On April 27, 2005 Countrywide Home...

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