Judd v. First Federal Savings & Loan Ass'n of Indianapolis’s Empirical Analysis
710 F.2d 1237 · 1983
Citation profile
8 federal appellate · 3 state decisions
How this case has been cited
Cited by 24 later decisions — most recently March 2019
8 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hulver v. United States · 68 Ill. 2d 375 - La Throp v. Bell Federal Savings & Loan Ass'n · Brooks v. Valley National Bank · Brown v. Brown · 144 Ind. App. 210 - Lawrence v. Cain
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We again conclude that the district court was correct; despite the scattered use of the words "trust" and "trustee," and the phrase "in trust," the mortgages do not transform a traditional debtor-creditor relationship into a fiduciary relationship. The plaintiffs' argument is not new. Others have claimed that mortgage instruments-similar or identical to the V.A. form mortgage used here-created trusts for management of monthly payments. And those claims have been defeated regularly. See, e.g., Kronisch, and cases cited therein; see also LaThrop v. Bell Federal Savings & Loan Ass'n., 68 Ill.2d 375 , 12 Ill.Dec. 565 , 370 N.E.2d 188 (1977), cert. denied, 436 U.S. 925 , 98 S.Ct. 2818 , 56 L.Ed.2d 768 (1978); Brooks v. Valley Na tional Bank, 113 Ariz. 169 , 548 P.2d 1166 (1976); Carpenter v. Suffolk Franklin Savings Bank, 370 Mass. 314 , 346 N.E.2d 892 (1976). Simply stated, the words used in a document are not always conclusive evidence of a trust. The principal consideration is intent. See, e.g., Dixon v. White, 327 F.2d 434 (7th Cir.1964) (Indiana law; plaintiff failed to prove that parties intended an express trust rather than merely a debtor-creditor relationship). Several factors indicate establishment of a debt rather than creation of a trust. If the monthly payments here are insufficient to cover first the sums due for taxes and insurance, and second the monthly loan debt, then the mortgagors are in default. There are no expressed restrictions on the mortgagee’s use of the”
1 later decision quote this exact passage · from the majority“2. Together with and in addition to the monthly payments of principal and interest payable under the terms of the note secured hereby, he [Grant- or] will pay to the Grantee as trustee (under the terms of this trust as hereinafter stated) on the first day of each month until the said note is fully paid, the following sums: (a) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of fire and other hazard insurance covering these premises, plus taxes and assessments next due on the premises covered by this Security Deed (all as estimated by the Grantee, and of which the Grantor is notified) less all sums already paid therefore, divided by the number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and assessments will become delinquent, such sums to be held by Grantee in trust to pay said ground rents, premiums, taxes, and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the note secured hereby, shall be paid in a single payment each month, to be applied to the following items in the order stated: (I) ground rents, taxes, special assessments, fire and other hazard insurance premiums; (II) interest on the note secured hereby; and (III) amortization of the principal of said note. Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the Grantor prior to the due date of the”
1 later decision quote this exact passage · from the majority“whether the mortgages create trusts requiring the defendant as trustee to account to the mortgagors as beneficiaries for any benefits the defendant may derive from use of the monthly payments.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.