News From Terre Haute, Indiana

Local & Bistate

August 4, 2012

Vigo court dismisses suit against Bennett

Mayor says he knew foreclosure case would be resolved

TERRE HAUTE — A foreclosure suit against Terre Haute Mayor Duke Bennett has been dismissed by a Vigo County court.

Vigo County Prosecutor Terry Modesitt, who represented Bennett through his private practice, Modesitt Law Firm, said Friday the dismissal leaves his client in good standing with no pending actions against him.

“We didn’t think there was any merit to it from the start,” Modesitt said of the foreclosure suit first initiated by U.S. Bank National on Jan. 3.

According to court documents provided by Vigo County Superior Court Division 6, presided over by Judge Michael Lewis, on July 3 the court granted a “motion to dismiss without prejudice.”

U.S. Bank National was represented by Indianapolis law firm Feiwell & Hannoy, P.C. Partner Doug Hannoy said Friday afternoon he could not comment on the case or any agreements made due to privacy issues. But the resolution is final, he noted.

“A dismissal effectively brings the matter to a conclusion,” he said.

Bennett said Friday evening that the dismissal brings a sense of finality to the entire issue.

“I knew I was on solid ground the whole time,” he said, adding his mortgage is still with the same bank. “I knew it would get resolved and this would all be behind us.”

Earlier in May, Bennett told the Tribune-Star the issue would be resolved shortly, explaining he had been making payments since the bank first lodged a complaint in October of 2011. The issue stemmed from attempts to refinance his property, he said.

Bennett declined to elaborate on specifics Friday evening, but said he’s glad the situation is finally settled.

Brian Boyce can be reached at 812-231-4253 or brian.boyce@tribstar.com.

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