The Huntington National Bank v. Car-X Associates Corp.

22 N.E.3d 687, 2014 Ind. App. LEXIS 586, 2014 WL 6772623
Indiana Court of Appeals·Decided December 2, 2014·No. 64A04-1405-MF-227·Published·Cited by 3 cases

Opinions

[689] OPINION

BROWN, Judge.

The Huntington National Bank (“Huntington”) appeals the trial court’s denial of its motion to set aside default judgment in favor of Car-X Associates Corp. (“Car-X”). Huntington raises one issue, which we restate as whether the court erred or abused its discretion in denying its motion to set aside default judgment. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On January 8, 2014, Car-X filed a complaint to foreclose a judgment lien it had obtained in 2013 against real property owned by Susanne and Terry Wood in the amount of $200,359.90 plus fees, costs, and post-judgment interest. The complaint named Huntington as a defendant because Huntington held a mortgage on the property which secured a loan to the Woods made in 2005 in the original principal amount of $310,500. The complaint and summons were served upon Huntington’s registered agent for service of process by certified mail on January 27, 2014.

Paul Burnside was the Foreclosure Supervisor for Huntington. In his affidavit, Burnside stated he received service of Car-X’s complaint on or about January 28, 2014, and referred the matter to counsel on February 25, 2014. Burnside further stated that the individual in his department who typically received service of process for Huntington was on a medical leave of absence when Huntington received service; that in addition to his regular duties he was assisting the individual who typically received service of process for Huntington during her leave of absence; that his regular duties included supervision of Huntington’s pre-sale foreclosure staff, review of daily reports and updates, oversight of the foreclosure attorney network, and daily review of compliance with investor and governmental guidelines; and that he received the summons in the case but due to the volume of his regular duties was unable to timely refer the matter to counsel.

On February 25, 2014, Car-X moved for default judgment against Huntington. On February 27, 2014, the trial court granted Car-X’s motion and specifically found that “Car-X’s interest in and to the real estate ... is prior and superior to any and all interests, estates,, rights, titles, claims, liens, and/or encumbrances of Huntington.” Appellee’s Appendix at 50. The practical result of the default judgment was to make Huntington’s mortgage subordinate to the judgment lien of Car-X. On March 14, 2014, counsel for Huntington filed an appearance, an answer, and a motion to set aside the default judgment. After conducting a hearing, the trial court denied Huntington’s motion on April 24, 2014. Huntington now appeals.

DISCUSSION

The issue is whether the trial court erred or abused its discretion in denying Huntington’s motion to set aside default judgment under Ind. Trial Rule 60(B). Upon appellate review of a refusal to set aside a default judgment, the trial court’s ruling is entitled to deference and will be reviewed for an abuse of discretion. Allstate Ins. Co. v. Watson, 747 N.E.2d 545, 547 (Ind.2001). Thé trial court’s discretion should be exercised in light of the disfavor in which default judgments are generally held. Id.; see also Coslett v. Weddle Bros. Constr. Co., 798 N.E.2d 859, 861 (Ind.2003) (“Indiana law strongly prefers disposition of cases on their merits.”), reh’g denied.

Huntington contends in part that the trial court erred in finding that its delay was not the result of excusable neglect. [690] Huntington specifically argues that the employee who typically received service of process was away on maternity leave, that Burnside covered for the woman, that Burnside does not typically receive service of process and added this job to his regular duties, and that, due to the volume of his regular duties, Burnside did not refer the matter to counsel until February 25, 2014, just six days after its deadline to respond to the complaint.

Car-X responds that the trial court did not abuse its discretion in entering default judgment and that the record demonstrates the court weighed the facts of the case. Car-X argues that Huntington is a large bank which had staffed at a minimum an employee and supervisor charged with, among other things, receiving service of process and overseeing the foreclosure attorney network. Car-X notes that the court found Huntington’s neglect was not excusable under the circumstances and that there is nothing in the record demonstrating that it abused its discretion in doing so. Car-X also states that Huntington asserts for the first time in its appellant’s brief that the employee was out on maternity leave1 and that it would seem this employee would have had ample time to make all arrangements relative to her workload including receiving and handling of service of process.

Default judgments are not favored in Indiana. Shane v. Home Depot USA, Inc., 869 N.E.2d 1232, 1234 (Ind.Ct.App.2007). Any doubt as to the propriety of a default judgment must be resolved in favor of the defaulted party. Watson, 747 N.E.2d at 547. “Moreover, no fixed rules or standards have been established because the circumstances of no two cases are alike.” Kmart v. Englebright 719 N.E.2d 1249, 1253 (Ind.Ct.App.1999) (citing Siebert Oxidermo, Inc. v. Shields, 446 N.E.2d 332, 340 (Ind.1983)), trans. denied. “A cautious approach to the grant of motions for default judgment is warranted in ‘cases involving material issues of fact, substantial amounts of money, or weighty policy determinations.’ ” Id. (citing Green v. Karol, 168 Ind.App. 467, 473-474, 344 N.E.2d 106, 110-111 (1976)). In addition, the trial court must balance the need for an efficient judicial system with the judicial preference for deciding disputes on the merits. Id.

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The Huntington National Bank v. Car-X Associates Corp., 22 N.E.3d 687, 2014 Ind. App. LEXIS 586, 2014 WL 6772623 (Ind. Ct. App. 2014).

22 N.E.3d 687 (The Huntington National Bank v. Car-X Associates Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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