Ira J. Gamble v. Tina McQueary

CourtIndiana Court of Appeals
DecidedFebruary 28, 2025
Docket24A-PL-01500
StatusPublished

This text of Ira J. Gamble v. Tina McQueary (Ira J. Gamble v. Tina McQueary) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ira J. Gamble v. Tina McQueary, (Ind. Ct. App. 2025).

Opinion

IN THE

Court of Appeals of Indiana FILED Ira J. Gamble, Feb 28 2025, 11:02 am

CLERK Appellant-Plaintiff, Indiana Supreme Court Court of Appeals and Tax Court

v.

Tina McQueary, Appellee-Defendant.

February 28, 2025

Court of Appeals Case No. 24A-PL-1500

Appeal from the Elkhart Circuit Court

The Honorable Michael A. Christofeno, Judge

Trial Court Cause No. 20C01-2002-PL-28

Opinion by Senior Judge Najam Judges Weissmann and DeBoer concur.

Court of Appeals of Indiana | Opinion 24A-PL-1500 | February 28, 2025 Page 1 of 26 Najam, Senior Judge.

Statement of the Case [1] Ira J. Gamble appeals (1) the trial court’s determination that Tina McQueary

has an equitable ownership interest in a house that she was purchasing from

Gamble under a rent-to-own lease agreement and (2) the court’s calculation of

the money judgment entered against McQueary. Gamble contends the trial

court erred in its holdings. We conclude Gamble has failed to demonstrate

error, and we affirm.

Issues [2] Gamble raises the following issues, which we restate as:

I. Whether the trial court erred in determining McQueary had an equitable ownership interest in the house; and

II. Whether the trial court erred: (1) in determining that foreclosure, rather than forfeiture, was Gamble’s remedy for McQueary’s nonpayment, and (2) in calculating the amount McQueary owed Gamble.

Facts and Procedural History [3] In 2009, Tina McQueary (“McQueary”) met Ira J. Gamble (“Gamble”) while

she was looking to buy a house. She is a longtime retail and factory worker,

and he worked for the City of Elkhart, Indiana before retiring. Gamble showed

McQueary a house he owned at 315 Beardsley (the “real estate”) in Elkhart.

The house is over one hundred years old and 1,676 square feet in size.

Court of Appeals of Indiana | Opinion 24A-PL-1500 | February 28, 2025 Page 2 of 26 McQueary was reluctant to purchase the house because it appeared to be in bad

shape, but Gamble said she could “fix it up any way [she] want[ed.]” Tr. Vol.

II, p. 93.

[4] On April 27, 2009, Gamble and McQueary entered into a contract for the real

estate entitled “Lease with Purchase Option” (the “Agreement”). Tr. Vol. III,

p. 7. The Agreement consisted of a pre-printed, off-the-shelf form on which

Gamble had filled in only some of the blanks. As will become apparent, this

document was poorly suited to the parties’ needs.

[5] The Agreement provided for monthly payments of $600.00 “for rent” and

$100.00 “for property taxes,” for a total monthly payment of $700.00, id. at 11,

over a fourteen-year term ending in May 2023. McQueary was not required to

provide a security deposit. The Agreement also included an option to purchase

the real estate for a purchase price of $85,000, with a down payment of

$2,000.00 payable upon exercise of the option.

[6] Also in the Agreement, and notwithstanding the parties’ prior discussions about

the house’s condition, McQueary agreed “that he or she has examined the

demised premises, including the grounds and all buildings and improvements,

and that they are, at the time of this lease, in good order, repair, and a safe,

clean and rentable condition.” Id. at 8. In exchange, Gamble promised that he

would, “at his sole expense, keep and maintain the leased premises and

appurtenances in good and sanitary condition and repair during the term of this

lease and any renewal thereof.” Id. at 9. In fact, the Agreement forbade

Court of Appeals of Indiana | Opinion 24A-PL-1500 | February 28, 2025 Page 3 of 26 McQueary from making any alterations to the house “without the prior written

consent of [Gamble.]” Id. at 8. And, if the Agreement was terminated and

possession of the real estate reverted to Gamble, any improvements McQueary

made to the property would remain with the real estate.

[7] Next, the Agreement also provided that Gamble “had obtained” insurance on

the real estate covering both property damage and liability. Id. at 11.

McQueary was responsible only for insurance on her personal property.

[8] Finally, the Agreement provided that if Gamble concluded McQueary had

breached its terms, including its payment provisions, Gamble was obligated to

give her written notice of default and an opportunity to cure the breach. The

parties were supposed to specify how many days would be allowed to cure the

breach, but they left that space blank.

[9] McQueary exercised the option to purchase when she paid $2,000.00 to

Gamble on the same date they signed the Agreement. But she made regular

monthly payments at first of only $600, and later of $500, rather than the

required $700, without objection from Gamble.

[10] Within a year, McQueary informed Gamble that she was planning to move out

because she could not afford to pay him $700 per month and also make needed

repairs to the house. She had obtained boxes in anticipation of moving.

Gamble orally offered to reduce her payments to $500 per month, including

property taxes, and McQueary accepted his offer.

Court of Appeals of Indiana | Opinion 24A-PL-1500 | February 28, 2025 Page 4 of 26 [11] Initially, Gamble would stop at the house to collect the payments in person and

gave McQueary receipts. Gamble later obtained a post office box and directed

McQueary to mail her payments there. Gamble gave McQueary signed receipts

for each payment, some of which showed that $200.00 in principal was applied

to the purchase price, and the remainder of each payment was designated for

real estate taxes. The parties agreed that on an annual basis, Gamble would

compare McQueary’s real estate tax payments with the amount Gamble

actually paid. If McQueary had overpaid taxes, any overage would be credited

against the purchase price.

[12] McQueary submitted ninety-five monthly payments of $500 from July 2010

until June 2018. Tr. Vol. IV, pp. 178-180. Gamble accepted the payments

without complaint for almost eight years, but in June 2018 his attorney sent

McQueary a letter asserting for the first time that McQueary had “not been

meeting the lease requirements” because she had not been paying $700 per

month as provided in the Agreement. Tr. Vol. III, p. 83. Gamble’s attorney

further instructed McQueary to resume paying $700 and work out a resolution

for her “back obligations.” Id. However, the attorney still characterized the

parties’ agreement as “leasing to purchase” and did not state the purchase

option was no longer operative. Id.

[13] After receiving the letter, McQueary continued to make, and Gamble continued

to accept, monthly payments of $500.00 without any further objection,

reservation, or disclaimer on his part. Gamble never performed an annual

calculation of real estate taxes owed to determine whether McQueary had

Court of Appeals of Indiana | Opinion 24A-PL-1500 | February 28, 2025 Page 5 of 26 overpaid taxes and was entitled to an additional credit toward the purchase

price.

[14] Meanwhile, in the years after Gamble and McQueary negotiated their oral

modification to the Agreement, McQueary and one of her sons completed

numerous home improvement projects. Among other improvements, they: (1)

replaced the walls, cabinets, sink, and refrigerator in the kitchen; (2) replaced

the heating and air conditioning system; (3) replaced the water heater, (4)

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