Lucas v. U.S. Bank, N.A.

953 N.E.2d 457, 2011 Ind. LEXIS 786, 2011 WL 4104952
CourtIndiana Supreme Court
DecidedSeptember 15, 2011
Docket28S01-1102-CV-78
StatusPublished
Cited by18 cases

This text of 953 N.E.2d 457 (Lucas v. U.S. Bank, N.A.) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucas v. U.S. Bank, N.A., 953 N.E.2d 457, 2011 Ind. LEXIS 786, 2011 WL 4104952 (Ind. 2011).

Opinions

DAVID, Justice.

In this case, a mortgage holder filed a foreclosure action against the loan borrowers. In response, the borrowers asserted numerous legal defenses and claims against the mortgage holder and loan ser-[459]*459vicer. The borrowers asked for a jury trial on these defenses and claims, but the trial court denied the request. We affirm and hold that the borrowers’ claims and defenses shall be tried in equity because the core legal questions presented by the borrowers’ defenses and claims are significantly intertwined with the subject matter of the foreclosure action.

Facts and Procedural History

In April 2005, Mary Beth and Perry Lucas entered into a residential mortgage loan transaction with Argent Mortgage Company (“Argent”). An escrow account was established from which the hazard insurance and property taxes were to be paid.

In August 2005, a few months after the Lucases closed on the loan, disagreements arose between the Lucases and AMC Mortgage Services (“AMC”), the original loan servicer. At issue was the escrow account: specifically, AMC and the Lucas-es disputed whether the Lucases provided sufficient evidence of homeowner’s insurance and paid the correct amounts of property taxes.

In May 2006, Litton Loan Servicing took over as the loan servicer. Litton charged the Lucases late fees for the months of February, March, and April 2006. The Lucases claim that Litton charged these fees erroneously because the Lucases had sent timely payments for those months to AMC.

In November 2006, the Lucases filed for bankruptcy and indicated on their bankruptcy application that they wanted to reaffirm their mortgage loan. The following month, more disagreements arose, and the Lucases requested that Litton discontinue their escrow account. In February 2007, the bankruptcy was discharged. The Lucases continued to incur late fees, and in October 2007, Litton sent the Lucases a notice of default and intent to accelerate on the loan.

Several unsuccessful attempts to resolve the matter followed. In January 2008, the Lucases sent Litton a letter, requesting specific information about their loan, but Litton’s response was not satisfactory to them.

In January 2009, the current mortgage holder, U.S. Bank National Association, as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-MH-1, filed a complaint against the Lucas-es, seeking to foreclose on the mortgaged property. U.S. Bank alleged that the Lu-cases failed to pay monthly mortgage payments and fees according to the terms of the mortgage loan documents.

In response, the Lucases filed an answer, affirmative defenses, counterclaims, a third-party complaint, and a demand for a jury trial “on all issues deemed so triable.” The Lucases alleged that U.S. Bank and Litton violated numerous statutes and the common law and that the Lucases were thus entitled to various forms of relief, including money damages. U.S. Bank then filed a motion to strike the Lucases’ jury request and also categorically denied the Lucases’ allegations.

After a hearing, the trial court granted U.S. Bank’s motion to strike the Lucases’ request for a jury trial. It reasoned that U.S. Bank is seeking foreclosure, an “essentially equitable” cause of action. Accordingly, the trial court concluded that the Lucases’ related legal claims and counterclaims were drawn into equity.

On discretionary interlocutory appeal, the Court of Appeals reversed the trial court’s order with instructions to grant the Lucases’ request for a jury trial on their legal claims. Relying on this Court’s decision in Songer v. Civitas Bank, 771 N.E.2d 61 (Ind.2002), the Court of Appeals could [460]*460not conclude that the essential features of this case were equitable. Lucas v. U.S. Bank, N.A., 932 N.E.2d 239, 245 (Ind.Ct. App.2010). We granted transfer.

Standard of Review

Whether certain claims are entitled to a trial by jury presents a pure question of law. Therefore, we review the issue de novo. See Cunningham v. State, 835 N.E.2d 1075, 1076 (Ind.Ct.App.2005), trans. denied.

The Right to Trial by Jury in Civil Cases

This Court is confronted with the following issue: once a foreclosure action invokes the equity jurisdiction of a trial court, when are the borrowers’ legal defenses and claims subsumed into equity?

A. A Brief Background

The Indiana Constitution states, “In all civil cases, the right of trial by jury shall remain inviolate.” Ind. Const, art. 1, § 20. This constitutional provision preserves the right to a jury trial only as it existed at common law, and a party is not entitled to a jury trial on equitable claims. Songer v. Civitas Bank, 771 N.E.2d 61, 63 (Ind.2002). Indiana Trial Rule 38(A) embodies this principle:

(A) Causes triable by court and by jury. Issues of law and issues of fact in causes that prior to the eighteenth day of June, 1852, were of exclusive equitable jurisdiction shall be tried by the court; issues of fact in all other causes shall be triable as the same are now triable. In case of the joinder of causes of action or defenses which, prior to said date, were of exclusive equitable jurisdiction with causes of action or defenses which, prior to said date, were designated as actions at law and triable by jury — the former shall be triable by the court, and the latter by a jury, unless waived; the trial of both may be at the same time or at different times, as the court may direct.

Relevant to the present case is the following policy derived from Trial Rule 38(A): “when both equitable and legal causes of action or defenses are joined in a single case, the equitable causes of action or defenses are to be tried by the court while the legal causes of action or defenses are to be tried by a jury.” Songer, 771 N.E.2d at 64.

This Court’s decision in Songer delved into early and modern decisions on joinder of legal and equitable causes of action. More specifically, Songer addressed what some refer to as the “equitable clean-up doctrine” — a doctrine that, under certain circumstances, involves drawing legal claims into equity, thus extinguishing the right to a jury trial on those legal claims. Songer voiced concern that modern decisions on the subject “inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity draws the whole lawsuit into equity.” Id. at 62 (emphasis added and internal quotation marks omitted). This Court observed that this practice incorrectly narrowed the constitutional right to a jury trial in civil cases. Id.

Songer stressed the importance of distinguishing between a “cause” and “cause of action” and recognizing that the two were not interchangeable. Id. at 68. Son-ger noted that the inclusion of an equitable claim, without anything more, could not justify drawing the whole case into equity. Id. Rather, a court should look at the “essential features of a suit.” Id.

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953 N.E.2d 457, 2011 Ind. LEXIS 786, 2011 WL 4104952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-us-bank-na-ind-2011.