Justia Banking Opinion SummariesArticles Posted in Supreme Court of Indiana
Decker v. Star Financial Group Inc.
The Supreme Court reversed the judgment of the trial court granting a motion to compel arbitration brought by Defendant Star Financial Group, Inc. in this class-action complaint alleging that Defendant collected improper overdraft fees, holding that Plaintiffs' account agreement did not allow Defendant to add an addendum to the terms and conditions of the account agreement.When Plaintiffs opened their checking account they assented to an account agreement detailing the terms and conditions of their relationship with Defendant. Before Plaintiffs brought this suit Defendant added an arbitration and no-class-action addendum to the terms and conditions of Plaintiffs' account agreement. When Plaintiffs filed this lawsuit Defendants cited the addendum and filed a motion to compel arbitration. The trial court granted the motion. The Supreme Court reversed, holding that Plaintiffs were not bound by the arbitration addendum to their account agreement because the account agreement's change-of-terms provision did not allow Plaintiff to add the addendum. View "Decker v. Star Financial Group Inc." on Justia Law
Posted in: Banking, Class Action, Contracts, Supreme Court of Indiana
McCullough v. CitiMortgage, Inc.
CitiMortgage, Inc. obtained a judgment of foreclosure against the family homestead of Homeowners - husband and wife. Homeowners attempted to appeal without legal representation. The Court of Appeals dismissed the attempted appeal with prejudice because of defects in Homeowners’ filings. Homeowners filed a petition to transfer, which the Supreme Court initially denied. On reconsideration, the Court vacated the order denying transfer and assumed jurisdiction over this appeal. The Court then affirmed the judgment of the trial court, holding that, under the facts presented in this case, the trial court correctly granted summary judgment in favor of CitiMortgage. View "McCullough v. CitiMortgage, Inc." on Justia Law
Posted in: Banking, Real Estate & Property Law, Supreme Court of Indiana