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Good v. Wells Fargo Bank, N.A.

Court of Appeals of Indiana

September 29, 2014

BRYAN L. GOOD, Appellant-Defendant,
v.
WELLS FARGO BANK, N.A., Appellee-Plaintiff

APPEAL FROM THE ELKHART CIRCUIT COURT. The Honorable Terry C. Shewmaker, Judge. Cause No. 20C01-1211-MF-896.

BRYAN L. GOOD, APPELLANT, Pro se, Elkhart, Indiana.

ATTORNEYS FOR APPELLEE: CARL A. GRECI, ANGELA KELVER HALL, Faegre Baker Daniels, LLP, South Bend, Indiana; SARAH E. SHARP, Faegre Baker Daniels, LLP, Indianapolis, Indiana.

BARNES, Judge. BRADFORD, J., and BROWN, J., concur.

OPINION

Page 619

BARNES, Judge

Case Summary

Bryan Good appeals the trial court's grant of partial summary judgment in favor of Wells Fargo Bank, N.A., (" Wells Fargo" ) and the subsequent judgment of foreclosure. We reverse and remand.

Issue

Good raises seven issues. We address the dispositive issue, which we restate as whether the trial court properly granted partial summary judgment for Wells Fargo on the basis that Wells Fargo was entitled to enforce the promissory note executed by Good.

Facts

On March 14, 2008, Good purchased real estate in Elkhart. Good executed an electronic promissory note (" the Note" ) in favor of Synergy Mortgage Group, Inc., (" Synergy" ).[1] The Note included the following term:

11. ISSUANCE OF TRANSFERABLE RECORD; IDENTIFICATON OF NOTE HOLDER; CONVERSION FROM ELECTRONIC ...

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