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COBBUM v. AMERITRUST NAT. BANK, MICHIANA

No. 43A03-9104-CV-100.

580 N.E.2d 969 (1991)

Owen K. COBBUM and Saundra K. Cobbum, Appellants-Defendants, v. AMERITRUST NATIONAL BANK, Michiana, F/K/a State Bank of Syracuse, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

November 12, 1991.

Attorney(s) appearing for the Case

R. Steven Hearn, James S. Butts, Rasor, Harris, Lemon & Reed, Warsaw, for appellants-defendants.

Stephen R. Snyder, Donald K. Broad, Beckman, Lawson, Sandler, Snyder & Federoff, Syracuse, for appellee-plaintiff.

HOFFMAN, Judge.

Appellants-defendants Owen and Saundra Cobbum appeal the trial court's grant of summary judgment to Ameritrust National Bank on its complaint to foreclose.

One issue is dispositive of this appeal: whether Ameritrust National Bank (Ameritrust) provided the requisite notice to Owen and Saundra Cobbum (Cobbums) before filing its complaint to foreclose.

In October 1977, the Cobbums executed a note, secured by a mortgage, with Ameritrust...

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