Complaint to Foreclosure

STATE OF INDIANA

PARKE CIRCUIT COURT

2019 TERM

ADVANTAGEPLUS OF INDIANA

FEDERAL CREDIT UNION                                       Plaintiff

CAUSE NO: 61C1-1901-MF-000035

v.

MATTHEW S. PRUIETT

Defendants.

COMPLAINT TO FORECLOSE MORTGAGE

The plaintiff, AdvantagePlus of Indiana Federal Credit Union (“AdvantagePlus”), by counsel, for its Complaint to Foreclose Mortgage and in support states:

  1. AdvantagePlus is a federal credit union with its principal office at 1122 N. Fruitridge Avenue, Terre Haute, IN 47805.
  2. AdvantagePlus executed a Home Equity Credit Plan Agreement and Disclosures (“Home Equity Plan”) with Matthew S. Pruiett (“Pruiett”) on January 20, 2015. (A copy of the Home Equity Credit Plan Agreement and Disclosures is attached as Exhibit “A”).
  3. The Home Equity Plan required repayment by Pruiett of Thirty Eight Thousand and 00/100 Dollars ($38,000), plus interest to be paid in monthly installments until paid in full.
  4. The Home Equity Plan is secured with a Mortgage that was executed on November 20, 2015 on the following described real estate:

A PART OF LOTS NUMBER EIGHTY-FIVE (85) AND EIGHTY-SIX (86) IN EPHRAIM DOTY’S ADDITION TO THE TOWN OF ROSEDALE, PARKE COUNTY, INDIANA, TO-WIT: FIFTY-NINE AND ONE-HALF (59 ½) FEET OFF THE NORTH SIDE OF SAID LOT NUMBER EIGHTY-FIVE (85) AND SIX (6) INCHES OFF THE SOUTH  SIDE OF LOT NUMBER EIGHTY-SIX  (86).

More commonly known as 127 South Main Street, Rosedale, IN 47874

  1. The Mortgage was recorded with the Parke County Recorder on March 11, 2015 as Instrument No. 20150500. (A copy of the Mortgage is attached as Exhibit “B”).
  2. Pruiett executed a Home Equity Credit Plan Agreement Addendum (“Addendum”) on March 24, 2016. (A copy of the Home Equity Credit Plan Agreement Addendum is attached as Exhibit “C”).
  3. Pruiett has failed to make monthly payments of principal and interest as required by the terms of the Home Equity Plan and Addendum and is in default.
  4. AdvantagePlus has elected to exercise its option to accelerate the Home Equity Plan and Addendum and declare the entire balance due and payable.
  5. The amount due and owing to AdvantagePlus under the terms of the Home Equity Plan and Addendum on January 21, 2019, was Thirty Eight Thousand Eight Hundred Twenty Six and 80/100 Dollars ($38,826.80), including principal, interest and late fees, with interest continuing to accrue.
  6. AdvantagePlus has complied with all requirements of the Home Equity Plan, Addendum and Mortgage, including any requirement of notice and demand.
  7. AdvantagePlus is the holder of a first mortgage lien upon the above described real estate, and is entitled to a judgment for the sums due under the terms of the Home Equity Plan, Addendum and Mortgage, and to have the equity of redemption of the Defendant foreclosed and the real property sold by judicial sale.
  8. It may be necessary for AdvantagePlus to expend sums to protect its Mortgage in the real estate for purposes of adequately insuring the premises, paying any delinquent real estate taxes or assessments, appointing a receiver to maintain, preserve and keep the premises in proper repair, all of which expenses, charges or fees to protect AdvantagePlus’ interest in the real estate should be added to any judgment in the cause of action as authorized under the terms of the Home Equity Plan, Addendum and Mortgage.
  9. AdvantagePlus is also entitled to reimbursement of reasonable attorney fees from the Defendant for the collection of the indebtedness and foreclosure of the real estate.

Wherefore, the Plaintiff, AdvantagePlus of Indiana Federal Credit Union, moves the Court for a Judgment against the Defendant, Matthew S. Pruiett, in the sum of $38,826.80, plus interest at the Home Equity Plan rate until the date of Judgment, attorney fees, costs of this action, all without relief from valuation and appraisement laws.

AdvantagePlus of Indiana Federal Credit Union further moves that the Court to enter a Decree of Foreclosure terminating the rights of the Defendant in and to the subject real estate sold by the Parke County Sheriff in accordance with the statutory procedures and applying the proceeds from such sale, first to costs and continuing costs, then to the judgment in favor of AdvantagePlus of Indiana Federal Credit Union, and then to the Clerk of the Court for distribution pursuant to the order of the Court.

WILKINSON, GOELLER, MODESITT,

WILKINSON & DRUMMY, LLP

333 Ohio Street

Terre Haute, IN 47807

By:_/s/David P. Friedrich

David P. Friedrich      #15164-84

ATTORNEYS FOR PLAINTIFF

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