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Hair v. Deutsche Bank Nat'l Trust Co.

Court of Appeals of Indiana

September 30, 2014

CALVIN HAIR, Appellant-Plaintiff,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2003-1, Appellee-Defendant,

Page 1020

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Thomas J. Carroll, Judge. Cause No. 49D06-1105-MF-19008.

ATTORNEY FOR APPELLANT: JOSEPH G. STRIEWE, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: FREDRIC LAWRENCE, Nelson & Frankenberger, Indianapolis, Indiana.

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

OPINION

Page 1021

BARNES, Judge

Case Summary

Calvin Hair appeals the denial of his motion to set aside a default judgment for foreclosure entered in favor of Deutsche Bank National Trust Company (" Deutsche Bank" ). We reverse and remand.

Issue

The issue before us is whether the judgment obtained by Deutsche Bank was void as to Hair for lack of personal jurisdiction, resulting from ineffectual service of process.

Facts

In 2002, Sharon Adejare executed a note payable to Ameriquest Mortgage Company in the amount of $158,000, which was secured by a mortgage on property located on 1839-1841 Talbott Street in Marion County. Deutsche Bank later was assigned the note and mortgage.

In 2006, Hair obtained a judgment against Adejare in Marion County in the amount of $139,800.89. Hair originally was a defendant in this lawsuit along with Adejare, but he filed counterclaims and crossclaims that resulted in a crossclaim judgment against Adejare in his favor. In 2009, the Marion County Clerk's office recorded the judgment against Adejare and for Hair on its docket.[1] In the docket, Hair is listed as " Hair Calvin Cross and Counterclaimant." App. ...


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