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Foreclosure

Foreclosure Reinstated

In Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank, 45A03-1212-MF-531, the trial court granted the debtor's motion to dismiss, which was based on an error in the legal description on the mortgage and a standing argument.  

The discussion of the legal description and reformation thereof is the more interesting issue in that the trial court indicated that the creditor would be unable to prove mutual mistake of fact because the original debtor was deceased.
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