First Indiana Federal Savings Bank v. Hartle
Indiana Court of Appeals
567 N.E.2d 834 (1991)
Loell and Bonnie Good took a $13,600 loan from First Indiana Federal Savings Bank's predecessor in 1963, secured by a mortgage that also contained the Goods' own covenant to pay the debt. The Goods later conveyed the property to Vilcsek, who in 1971 conveyed it by warranty deed to William and Joyce Hartle (defendants), with the deed stating the property was subject to the mortgage and that the Hartles agreed to assume and pay it. When the bank sued the Hartles for the loan balance, the Hartles argued they weren't personally liable, and the trial court granted them summary judgment; the bank appealed.
Whether a mortgagor is personally liable for the underlying debt when the mortgage (or an assumption of it) contains a covenant to pay the debt secured.