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Wednesday, July 17, 2013

Ind. Decisions - COA posted an additional ruling yesterday

As the ILB has written in the past, it is not easy to spot COA opinions that may have been added after the initial dump. Here is one that unaccountably was not part of the earlier list of 18.

In Steven Weinreb v. Fannie Mae, a 22-page opinion, Judge Riley writes:

Appellant-Defendant, Steven Weinreb (Weinreb), appeals the trial court’s partial grant of summary judgment and grant of a monetary award to Appellee-Plaintiff, Fannie Mae, Inc. (Fannie Mae). We affirm.

Weinreb raises eight issues for our review, three of which we find dispositive and which we consolidate as the following single issue: Whether the trial court erred when it found Weinreb personally liable based on a deficiency judgment.
On cross-appeal, Fannie Mae raises a single issue, which we restate as: Whether res judicata or collateral estoppel prevents Weinreb from challenging the trial court’s summary judgment. * * *

Based upon the foregoing, we conclude that claim preclusion and collateral estoppel do not preclude Weinreb from challenging the trial court’s partial grant of summary judgment. Further, the trial court properly issued summary judgment to Fannie Mae regarding the Deficiency because 1) the Loan Documents are not ambiguous; 2) the non-recourse carve-outs and prepayment premium provisions of the Note are enforceable; and 3) the Guaranty and the Loan Documents are not unconscionable.

Posted by Marcia Oddi on July 17, 2013 09:17 AM
Posted to Ind. App.Ct. Decisions