In Hepburn v. Tri-County Bank the Indiana Court of Appeals upheld a summary judgment decision based on a bank’s dragnet clause in prior mortgages. The last notes the debtor signed indicated that the loan was “unsecured”, but because the debtor had signed prior mortgages with dragnet clauses the mortgages attached to subsequent notes. In deciding this case the Court of Appeals noted that the “interpretation of language in a contract is a question of law especially suited for summary judgment proceedings” and that contracts are reviewed de novo.
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