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Courts consider foreclosure issues

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Indiana Lawyer Rehearing

To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.

During the call, the participants addressed two main issues, according to Elizabeth Daulton, project manager of the Mortgage Foreclosure Trial Court Assistance Project, which is overseen by the Indiana Supreme Court Division of State Court Administration.

The first concern is the “robo-signing,” where it was reported in the media in the last few weeks that some banks had someone who wasn’t the correct person sign off on foreclosure paperwork without giving it enough attention to make sure it was done properly.

“However, this is just the tip of the iceberg,” Daulton said via e-mail Oct. 21. “A second problem is the fact that many plaintiff lenders have filed suit and proceeded to judgment without sufficient documentation establishing that they are a holder in due course of the underlying debt. Judy Fox, who serves as a facilitator in St. Joseph County (and also leads a legal clinic at Notre Dame Law School) says that her clinic doesn’t handle that many foreclosure cases, but a staggering number of them involve insufficient documentation – so she believes the problem is widespread.”

She added that lenders that had “robo-signed” paperwork have been “re-certifying” pending foreclosure cases, “but this only involves checking the accuracy of the amounts owed (and checking the computer system for errors). Recertifying does not involve investigation of the note’s ownership or tracking back the various assignments, many of which are undated,” she said.

While no definite cause of action was decided during the call, a number of ideas have been shared, and there will be a follow-up call Oct. 28, the same day Indiana Continuing Legal Education Forum will host a daylong CLE about mortgage foreclosures as a follow-up to CLE seminars that took place over the summer of 2009.

Daulton said new guidelines would be decided on in the coming weeks that “should apply to all pending cases, as well as post-judgment, pre-sheriff’s sale cases. After the sheriff’s sale has taken place, there may not be much recourse for the borrower (though this is something else we’re looking into),” she said.
 

Rehearing "New approach to foreclosure prevention successful" IL Sept. 15-28, 2010

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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