Countrywide Home Loans, Inc. v. Robert Holland
2013 Ind. App. LEXIS 199
| Ind. Ct. App. | 2013Background
- Holland, an self-described concerned citizen, entered a vacant Gary, Indiana home and began maintenance activities without owner permission.
- Countrywide Home Loans held the note and mortgage on the property; Washington was the record owner who abandoned the property.
- Holland filed a quiet title action and claimed a $100,000 lien for nuisance abatement, later increasing to $1,000,000.
- The trial court granted summary judgment to Holland on the quiet title claim based on Countrywide’s lack of response, and dismissed the common-law lien claim for failure to attach the lien to the complaint.
- Countrywide and Washington opposed, asserting Holland lacked title to the property and that no valid common-law lien existed; the court later awarded Holland nominal damages and then Countrywide voluntarily dismissed its counterclaims, making the judgment appealable.
- The Court of Appeals reverses the summary-judgment grant on quiet title, affirms the lien dismissal, and remands to vacate nominal damages and enter judgment for Countrywide on quiet title
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err by granting Holland summary judgment on quiet title? | Holland claims abandonment gives him title by possession. | Countrywide argues duties to proceed require actual ownership; summary judgment requires merits, not just lack of response. | Trial court erred; Holland cannot prevail on quiet title on merits. |
| Was the common-law lien claim properly dismissed? | Holland argues the lien arises from nuisance abatement. | Countrywide contends no legally actionable debt exists from nuisance abatement. | Yes, the lien claim properly dismissed. |
| Was the nominal-damages award appropriate absent a viable nuisance claim? | Holland seeks more than nominal damages based on nuisance theory. | Nuisance theory rejected; nominal damages not supported. | Nominal damages vacated; no relief remains for Holland. |
Key Cases Cited
- Alexander v. Marion Cnty. Sheriff, 891 N.E.2d 87 (Ind. Ct. App. 2008) (summary judgment standard; burden on movant; deference to nonmovant)
- CFS, LLC v. Bank of Am., 962 N.E.2d 151 (Ind. Ct. App. 2012) (affirming basis to sustain summary judgment arguments)
- Consolidation Coal Co. v. Mutchman, 565 N.E.2d 1074 (Ind. Ct. App. 1990) (quiet-title burden on plaintiff; strength of own title)
- Otterman v. Hollingsworth, 214 N.E.2d 189 (Ind. Ct. App. 1966) (quiet-title action requires plaintiff to show superior title)
- Fraley v. Minger, 829 N.E.2d 476 (Ind. 2005) (adverse-possession elements; ten-year requirement)