In Re: The Matter of the Supervised Estate of Mildred Borgwald, Deceased v. Old National Bank and Raelynn Pound - 2/27/14

Back to TopPrintE-mail
Thursday  February 27, 2014 
3:00 PM  EST

3 p.m. 84A01-1302-ES-80. Wabash College. This appeal involves the review of an order and judgment of foreclosure of an equity line of credit and mortgage against the Supervised Estate of Mildred Borgwald.  The Appellant, the Supervised Estate of Mildred Borgwald (Estate), presents this court with several evidentiary issues pertaining to the competency of ninety-five year old Mildred Borgwald to execute an equity line of credit.  Specifically, the Estate asserts the following errors:

-          Whether the trial court abused its discretion when it excluded the testimony of the Estate’s proffered expert witness, a gyneacologist who had never treated Mildred;

-          Whether the trial court abused its discretion when it admitted redacted certified copies of medical records containing the observations of nurses and physicians regarding Mildred’s mental and physical status;

-          Whether the trial court improperly denied the Estate an opportunity to make an offer of proof; and

-          Whether Old National’s Mortgage was invalidated by failure of the closing agent to read the loan documents to Mildred in violation of Indiana Code section 33-42-2-2(4).
 

Back to Events
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT