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COA affirms judgment for bank in replevin action

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The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.

Jacob Magish bought a Harley Davidson motorcycle, using a $15,000 loan from Fifth Third Bank. He never completed the proper title work and in fact fraudulently obtained a “clean” title. He fell behind on his loan payments and sold the motorcycle through Craigslist to Kristine and Larry Dawson. He gave them the fraudulent title.

Fifth Third attempted to repossess the bike and filed a replevin case. The Dawsons, who still have the motorcycle, filed a complaint to have the bank’s lien declared unenforceable so they can have a clear title. Fifth Third filed a counterclaim for replevin. Both filed for summary judgment, which the trial court granted for the bank.

When Magish defaulted on his loan, the bank, as the secured party, had a right to take possession of the motorcycle, the COA ruled in Kristine A. and Larry G. Dawson v. Fifth Third Bank, No. 49A02-1107-PL-704. The judges rejected the Dawsons’ claim that their purchase and ownership of the motorcycle precludes the bank from being able to prove that the Dawsons wrongfully held possession of the motorcycle. Judge Carr Darden noted that the Dawsons didn’t verify with the Bureau of Motor Vehicles before purchasing the motorcycle that the title had no liens.

The judges also rejected the Dawsons’ argument that the trial court erred by denying their motion for summary judgment on their claim for equitable estoppel. The Dawsons cited no caselaw to support their arguments and failed to show that the bank’s acts or omissions were responsible for their loss by purchasing the motorcycle without knowledge of the lien to the extent that equity should be granted to them, Darden wrote.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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