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Joyner v. Citifinancial Mortgage Co.12/30/2003
FOR PUBLICATION
Appellants-defendants Ivory Joyner and Denise Joyner (the Joyners) appeal the denial of their motion for relief from a default judgment in this foreclosure action brought by appellee-plaintiff Citifinancial Mortgage Company (Citifinancial). Specifically, the Joyners claim that the trial court was deprived of jurisdiction over this case by Indiana Code section 32-29-1-7, which provides that a recorded certificate of satisfaction of a mortgage bars actions on that mortgage. Additionally, the Joyners contend that their attorney was never served with a complaint and, thus, relief from the default judgment should have been granted. Finally, the Joyners maintain that the trial court should have dismissed Citifinancial's claim and awarded the Joyners attorney fees because Citifinancial litigated its claims in bad faith. Concluding that the trial court properly exercised jurisdiction, that the Joyners' attorney was on notice that a complaint existed, and that the Joyners' request for attorney fees was properly denied, we affirm.
FACTS
The facts most favorable to the judgment reveal that on December 23, 1997, the Joyners obtained a mortgage from Citifinancial's predecessor. On March 7, 2001, Citifinancial erroneously filed a notice of satisfaction of mortgage. No reason was given for the error, though Citifinancial gave the Joyners an opportunity to show-using cancelled checks, for example-that they had paid off the mortgage. The Joyners never availed themselves of this opportunity.
Citifinancial filed a foreclosure action against Ivory Joyner on June 6, 2001. Copies of the complaint and summons were mailed and left at the Joyners' home on June 19, 2001. However, the mailed complaint and summons were returned undelivered. As a result, Citifinancial obtained permission to serve the Joyners by publication on August 8, 2001. Because the Joyners did not answer the complaint, Citifinancial moved for a default judgment on December 20, 2001. The trial court entered a default against the Joyners the next day.
On May 9, 2002, the Joyners' attorney filed an appearance and moved to set aside the default judgment under Indiana Trial Rule 60(B), claiming that Denise Joyner had not been given notice of the foreclosure action and that a release of mortgage was recorded with the Lake County Recorder. A hearing on the Joyners' motion was held on July 5, 2002, and the trial court set aside the previously entered default judgment.
On September 9, 2002, Citifinancial moved for summary judgment on its foreclosure action against the Joyners. At a hearing held on November 22, 2002, Citifinancial noted that the Joyners were technically "in default again" because they had neither answered the complaint nor moved for dismissal since the date their Rule 60(B) motion had been granted. The trial court denied Citifinancial's motion for summary judgment but stated that Citifinancial could file a second motion for default judgment within twenty-one days.
On December 11, 2002, Citifinancial filed a second motion for default judgment, to which the Joyners did not respond. On December 26, 2002, the trial court once again entered a default judgment against the Joyners.
On January 27, 2003, the Joyners filed a second motion for relief from judgment, arguing that their attorney was never served with Citifinancial's complaint. The trial court denied the Joyners' motion on February 14, 2003. The Joyners now appeal.
DISCUSSION AND DECISION
I. Standard of Review
The grant or denial of a motion for relief from judgment is left to the equitable discretion of the trial court. Mercantile Nat. Bank of In
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