Stoffel v. JP Morgan Chase Bank NA, et al. (1-30-14)

IN CoA (Najam; Mathias and Brown concur). Foreclosure actions, evidence of costs

Where sheriff’s sale actually netted an amount in surplus of the agreed judgment of foreclosure, former homeowner’s motion to compel payment of surplus was treated as a Rule 13(M) motion for satisfaction of judgment or 60(B)(7) motion to vacate judgment based on satisfaction. As such, bank could not present inadmissible hearsay in affidavits and letters as evidence of costs. “Only the judgment creditor has the records that would prove or disprove the allegation that there is a surplus. When challenged, the judgment creditor must present admissible evidence to show the costs included in the winning bid.” The former homeowner was thus entitled to small surplus.

www.in.gov/judiciary/opinions/pdf/01301401ewn.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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