Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
May 02 2011, 9:23 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: INDIA LANE Indianapolis, Indiana

ATTORNEY FOR APPELLEE: Wells Fargo Bank, National Association, as Trustee for the Holders of the First Franklin Mortgage Loan Trust JULIA BLACKWELL GELINAS LUCY R. DOLLENS Frost Brown Todd LLC Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
EDWARD SHAFFER, ) ) Appellant-Defendant, ) ) vs. ) ) WELLS FARGO BANK, National Association as ) Trustee for the Holders of the First Franklin ) Mortgage Loan Trust 2006-FF17, Mortgage ) Pass Through Certificates, Series 2006-FF17, ) ) Appellee-Plaintiff. )

No. 49A05-1007-MF-452

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Theodore M. Sosin, Judge Cause No. 49D02-0903-MF-10501 May 2, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Wells Fargo Bank (the Bank) filed a foreclosure action against Edward Shaffer after Shaffer defaulted on his mortgage payments. The Bank filed for summary judgment and that motion was granted. Shaffer then sought a stay of the proceedings, which the trial court granted on the condition that Shaffer post a $75,000 bond. Shaffer appeals, presenting the following restated issues for review: 1. Did the trial court err in granting the Bank's motion for summary judgment in its foreclosure action against Shaffer? Did the trial court err in ordering a bond in the amount of $75,000 to stay the eviction proceedings?

2.

We affirm. The facts most favorable to Shaffer, the nonmoving party, are that on August 18, 2006, Shaffer signed a purchase agreement to purchase the property located at 7977 Lieber Road for $155,000. Pursuant to paragraph 5 of this document, the loan was to be a fixedrate, Veteran Affairs (VA) loan. Shaffer later signed two separate amendments to the purchase agreement

Download Edward Shaffer v. Wells Fargo Bank.pdf

Indiana Law