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

Indiana Supreme Court
953 N.E.2d 457 (2011)


Mary Beth and Perry Lucas (defendants) obtained a home loan in exchange for a mortgage. U.S. Bank, N.A. (plaintiff) acquired the mortgagor’s interest and brought suit to foreclose on the loan. The Lucases (1) asserted several affirmative defenses, including ineffective assignment of a promissory note, violation of federal lending statutes, civil conversion, and breach of the duty of good faith and fair dealing; (2) filed two counterclaims against the bank: breach of contract and breach of the duty of good faith and fair dealing; and (3) filed several third-party claims against Litton, the servicer of the loan, including breach of contract, breach of the duty of good faith and fair dealing, violation of federal lending statutes, and civil conversion. The Lucases filed a demand for a jury trial on their legal claims. The bank filed a motion to strike the jury demand. The court granted the bank’s motion. The court of appeals reversed. The bank appealed.

Rule of Law


Holding and Reasoning (David, J.)

Dissent (Dickson, J.)

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