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CITIMORTGAGE, INC. v. BARABAS

No. 48S04-1204-CC-00213.

975 N.E.2d 805 (2012)

CITIMORTGAGE, INC., Appellant (Intervenor/Cross-Claimant below), v. Shannon S. BARABAS a/k/a Shannon Sheets Barabas, Defendant below, ReCasa Financial Group, LLC, Appellee (Plaintiff below), and Rick A. Sanders, Appellee (Third-Party Defendant below).

Supreme Court of Indiana.

October 4, 2012.

Attorney(s) appearing for the Case

Archis A. Parasharami , Washington, DC, Harry W. Cappel , Nathan H. Blaske , Cincinnati, OH, Matthew S. Love , Indianapolis, IN, Attorneys for Appellant.

Theodore J. Nowacki , David J. Jurkiewicz , Indianapolis, IN, Attorneys for Amicus Curiae Indiana Bankers Association, Inc.

Christopher C. Hagenow , Sarah Stites Millspaugh , Indianapolis, IN, Attorneys for Appellee ReCasa Financial Group, LLC.

Donald L. Centers , Mary A. Slade , Carmel, IN, Attorneys for Appellee Rick A. Sanders.

MASSA, Justice.

Shannon Barabas had two mortgages on her Madison County home. The second mortgagee foreclosed on the property without notice to the first. The first mortgagee sought to intervene and obtain relief from the foreclosure judgment, but the trial court denied its motion. We reverse.

Facts and Procedural History

A. Mortgage Electronic Registration Systems, Inc. (MERS) and Its Role in the Mortgage Industry1

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