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Sims v. Bank of New York Mellon

Court of Appeals of Indiana

February 28, 2014

MARIO SIMS, SR., and TIFFINY SIMS, et al., Appellants-Defendants-Counterclaimants,
v.
THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES SERIES 2005-BC5, et al., Appellee-Plaintiff-Counterdefendant

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT. The Honorable Margot F. Reagan, Judge. Cause No. 71D04-1001-MF-164.

ATTORNEY FOR APPELLANTS: JOHNNY W. ULMER, Cataldo Law Offices, Inc., Bristol, Indiana.

ATTORNEYS FOR APPELLEE: PHILLIP A. NORMAN, JENNIFER L. SNOOK, Valparaiso, Indiana.

NAJAM, Judge. BAKER, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge.

STATEMENT OF THE CASE

Mario Sims, Sr., and Tiffiny Sims (collectively " the Simses" ) appeal the trial court's entry of summary judgment in favor of The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-backed Certificates, Series 2005-BC5 (" the Bank" ) on the Bank's complaint to foreclose on its mortgage. The Simses raise the following issues for our review:

1. Whether the trial court erred when it did not rule on the Simses' cross-motion for summary judgment against John Tiffany (" Tiffany" ).
2. Whether the trial court erred when it entered summary judgment in favor of the Bank on the Bank's complaint to foreclose on its mortgage.

We affirm.

FACTS AND PROCEDURAL HISTORY


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