“Mortgagee” Mortgage Electronic Registration Systems (MERS) was a “mere nominee” and “bare legal title” holder without interest in the property separate from that of the original lender Irwin, and as mortgage provided for notices only to Irwin the lender, and not to MERS, MERS’s assignee Citimortgage was not entitled to have default in the foreclosure of another mortgage vacated on the basis only Irwin and not MERS received foreclosure notice.
Appeals
Tracy v. Morell, No. 59A01-1009-PL-488, __ N.E.2d __ (Ind. Ct. App., May 19, 2011)
Sale of tractor with altered identification number was subject to rescission on grounds of mistake and public policy, and buyer was entitled to recovery of payments with interest.
Suarez v. State, No. 02A05-1008-PC-508, __ N.E.2d __ (Ind. Ct. App., May 10, 2011)
Defendant should have been provided with a copy of the in-court recording of Spanish interpreter’s guilty plea hearing translations for the defendant, after counsel had detected an irregularity in the translation when listening to the recording.
Nichols v. State, No. 29A04-1008-CR-589, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)
Statute, not the trial court or the DOC, determines length of a sex offender’s sex registry obligations.
Nicholson v. State, No. 55A01-1005-CR-251, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)
Single phone call was not “repeated or continuing harrassment” required for stalking, and even if phone calls from period two years’ earlier were considered this element was not proven.