Centier Bank v. 1st Source Bank

Decision Date25 June 2014
Docket NumberNo. 64A03–1309–MF–356.,64A03–1309–MF–356.
Citation14 N.E.3d 137 (Table)
PartiesCENTIER BANK, Appellant-(Defendant/Counter and Cross–Claimant), v. 1st SOURCE BANK, Appellee–(Plaintiff/Counter–Defendant).
CourtIndiana Appellate Court

Lambert C. Genetos, Genetos Retson & Yoon LLP, Merrillville, IN, Attorney for Appellant.

David M. Blaskovich, Woodward & Blaskovich, LLP, Merrillville, IN, Attorney for Appellee.

MEMORANDUM DECISION—NOT FOR PUBLICATION

FRIEDLANDER

, Judge.

1st Source Bank (1st Source) filed a complaint to foreclose on a mortgage it held against real property owned by Jerry and Lori Jones. Centier Bank (Centier) was named as a defendant due to its secured interest in the property. The trial court ultimately granted 1st Source's motion for summary judgment, entered judgment of foreclosure, and concluded that 1st Source's mortgage had priority over Centier's. Centier appeals and argues that the trial court erred in concluding that 1st Source's mortgage was valid.

We affirm.

On June 29, 2005, J.B. Trim Inc. d/b/a Lansing Glass and Trim (J.B. Trim) executed a promissory note in favor of 1st Source's predecessor1 in the principal amount of $63,988.25. On the same date, Jerry and Lori Jones each executed a personal guaranty of loans or accommodations made by 1st Source to J.B. Trim. Also on that date, the Joneses executed a mortgage in 1 st Source's favor against a parcel of real property located in Valparaiso. The mortgage contained a dragnet clause providing that it would secure all of the Joneses' current and future obligations to 1st Source, whether incurred jointly or individually, and that the total principal amount secured by the mortgage would not exceed $63,988.25. The mortgage was recorded in Porter County on July 6, 2005.

On December 9, 2009, Jerry Jones executed another mortgage against the property, this time in favor of Centier. The mortgage secured a promissory note in the principal amount of $27,500, along with any future debts. The mortgage was recorded in Porter County on December 23, 2009.

On December 17, 2009, J.B. Trim executed another promissory note in 1 st Source's favor in the principal amount of $53,000, with a maturity date of December 17, 2014. On the same date, Jerry Jones executed a personal guaranty which amended and restated his June 29, 2005 guaranty.

In 2011, 1st Source filed a complaint to foreclose on its mortgage, alleging that J.B. Trim and the Joneses2 were in default. Centier was named as a defendant due to its secured interest in the property, and Centier subsequently filed a cross-claim to foreclose on its mortgage. 1st Source filed a motion for summary judgment against all defendants on October 12, 2012. After a hearing, the trial court entered an order granting 1st Source's motion in part and denying it in part. 1st Source filed a motion to reconsider, and on August 8, 2013, the trial court entered a judgment and decree of foreclosure in favor of 1st Source. The trial court ruled, in relevant part, that 1st Source held a valid mortgage and that its mortgage had priority over Centier's. Centier now appeals, arguing that the trial court erred in granting summary judgment in 1st Source's favor.

“When reviewing a trial court's ruling on a motion for summary judgment, this court stands in the shoes of the trial court and applies the same standards in deciding whether to affirm or reverse the ruling.” Longest ex rel. Longest v. Sledge, 992 N.E.2d 221, 225 (Ind.Ct.App.2013)

, trans. denied. Accordingly, we must decide whether there is a genuine issue of material fact and whether the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C) ; Dreaded, Inc. v. St. Paul Guardian Ins. Co., 904 N.E.2d 1267 (Ind.2009). In doing so, we must construe all factual inferences in the nonmoving party's favor and resolve all doubts as to the existence of a genuine issue against the moving party. Chang v. Purdue Univ., 985 N.E.2d 35 (Ind.Ct.App.2013), trans. denied.

We note that the trial court in this case entered findings and conclusions in support of its summary judgment order. “While the entry of specific findings and conclusions offers insight into the reasons for the trial court's decision on summary judgment and facilitates appellate review, such findings and conclusions are not binding on this court.” Minix v. Canarecci, 956 N.E.2d 62, 67 (Ind.Ct.App.2011)

, trans. denied. We may affirm an order granting summary judgment on any theory supported by the designated materials. Minix v. Canarecci, 956 N.E.2d 62.

Centier argues that the trial court erred in granting 1st Source's motion for summary judgment because 1st Source's mortgage was invalid. In support of this argument, Centier cites Ind.Code Ann. § 32–29–1–5

(West, Westlaw current with all legislation of the Second Regular Session of the 118th General Assembly (2014) with effective dates through May 1, 2014), which provides in relevant part as follows:

A mortgage of land that is:

(1) worded in substance as “A.B. mortgages and warrants to CD.” (here describe the premises) “to secure the repayment of” (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the debt sought to be secured, and the date of the repayment) ...
is a good and sufficient mortgage....

Centier argues that 1st Source's mortgage was inadequate under the statute because it did not list a maturity date or adequately describe the debt it secured.

In support of its argument, Centier relies heavily upon In re Canaday, 376 B.R. 260 (Bankr.N.D.Ind.2010)

, a case from the United States Bankruptcy Court for the Northern District of Indiana. Similarly, 1st Source relies on In re Kraft, LLC, 429 B.R. 637 (Bankr.N.D.Ind.2010). Although we find these cases informative for their discussion of Indiana law, they are, of course, not binding authority. Ultimately, we conclude that our own case law is sufficient to resolve the issues before us.

Centier asserts that under the plain language of I.C. § 32–29–1–5

, a mortgage must contain a description of the secured debt and list the date of repayment. Centier argues that the 1st Source mortgage was “invalid on its face” because it lacks an adequate description of the debt and lacks a maturity date. Appellant's Brief at 5. We disagree. This court has not previously interpreted I.C. § 32–29–1–5 to require the sort of specificity Centier insists upon, particularly where, as here, a mortgage contains a dragnet clause. See

Commercial Bank v. Rockovits, 499 N.E.2d 765 (1986). Instead, we have long held that literal accuracy in describing the debt is not required. See, e.g.,

SPCP Group, LLC v. Dolson, Inc., 934 N.E.2d 771 (Ind.Ct.App.2010) ; Pioneer Lumber & Supply Co. v. First–Merchants Nat'l Bank of Michigan City, 169 Ind.App. 406, 349 N.E.2d 219 (1976). It is enough if the description is “correct, so far as it goes, and full enough to direct attention to the sources of correct information in regard to it, and be such as not to mislead or deceive, as to the nature or amount of it, by the language used.” SPCP Grp., LLC v. Dolson, Inc., 934 N.E.2d at 776 (quoting Bowen v. Ratcliff 140 Ind. 393, 39 N.E. 860, 861–62 (1895) ). “A reasonably certain description of the debt is required so as to preclude the parties from substituting debts other than those described for the mere purpose of defrauding creditors.” Liberty Mortg. Corp. v. Nat'l City Bank, 755 N.E.2d 639, 643 (Ind.Ct.App.2001), trans. denied.

In Commercial Bank v. Rockovits, 499 N.E.2d 765,

this court found valid a mortgage describing the secured debt in a manner quite similar in substance to the one at issue here. In that case, John and Patricia Rockovits executed a promissory note in the amount of $9,000 and a mortgage in favor of Commercial Bank on the same date. The mortgage made no reference to the promissory note, or the amount of the debt, or its maturity date; instead, it included a broadly worded dragnet clause. Specifically, the mortgage provided as follows:

This mortgage is given to the mortgagee for the securing of all indebtedness already owing by John W. Rockovits and Patricia A. Rockovits, husband and wife mortgagors to said The Commercial Bank, Crown Point, Indiana, and is also given to secure all indebtedness or liability, of every kind, character and description of the mortgagors, or either of them, to the mortgagee hereafter created, such as future loans, advances overdrafts, and all other indebtedness that may accrue to said Bank by reason of the mortgagors, or either of them, becoming surety or endorser for any other person, whether said indebteness [sic] was originally payable to
...

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