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

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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).
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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