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LUXURY TOWNHOMES v. McKINLEY PROPERTIES

No. 49A05-1210-MF-514.

992 N.E.2d 810 (2013)

LUXURY TOWNHOMES, LLC/LP XXIV, LLC, et al., Appellants-Defendants, v. McKINLEY PROPERTIES, INC. and Kenneth Polsinelli, Appellees-Non-Parties.

Court of Appeals of Indiana.

August 1, 2013.

Attorney(s) appearing for the Case

Matthew E. Dumas , Hostetter & O'Hara, Brownsburg, IN, Attorney for Appellant.

John B. Drummy , James R. Cohee , Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

BRADFORD, Judge.

This case arises from a foreclosure action and concerns about the court-appointed receiver's maintenance of the collateral during the proceedings. Plaintiff PNC Bank1 ("PNC") filed foreclosure proceedings against Appellants-Defendants Luxury Townhomes, LLC and LP XXIV, LLC (collectively, "Luxury") after Luxury failed to make scheduled payments as set forth in the relevant mortgage documents. PNC requested...

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