Affirms summary judgment in favor of Mainsource Bank in a mortgage foreclosure action

To access case, press here


Elmer and Sharon Willhite appeal the trial court’s grant of summary judgment in favor of MainSource Bank (“MainSource”) in this action for mortgage foreclosure. On appeal, the Willhites raise three issues, which we consolidate and restate as: 1) whether the trial court applied the proper standard of review; and 2) whether the trial court erred when it determined that no genuine issues of material fact exist with respect to the Willhites‟ fraud claims.

Conclusion (slip op. at 12): No genuine issue of material fact exists regarding MainSource’s foreclosure action or the Willhites’ affirmative defenses and counterclaims of fraud in the inducement and constructive fraud. Therefore, MainSource is entitled to judgment as a matter of law and the trial court did not err in granting summary judgment in its favor. Affirmed.

Key Analysis (slip op. at 8, 11-12): The Willhites have failed to designate any evidence demonstrating that King misstated terms of the promissory note and mortgages or attempted to prevent them from understanding those terms prior to signing . . . the Willhites have failed to designate evidence that they relied on the misrepresentations by King in deciding to purchase the Serenity apartments because they had already signed the purchase agreement with Morgan prior to discussing the matter with King

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s