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Efforts to aid those facing foreclosure continue

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More than 1,000 Indiana attorneys, judges, and mediators have attended CLE trainings since June about mortgage foreclosures. Chief Justice Randall Shepard disclosed the numbers today in Evansville where he also announced a new statewide initiative to help implement the state law that went into effect July 1 that provides homeowners the option of settlement conferences to save their homes.

About 35 of the CLEs, "Back Home in Indiana - Guiding Homeowners Through Foreclosure," have taken place for attorneys looking to represent homeowners, and for mediators willing to conduct settlement conferences. The final two CLEs are scheduled for this week - one today in Evansville and another Friday in Bloomington. While nothing has been set, there has been some talk to offer more CLEs about foreclosures in the future.

The CLEs were part of the court's response to the approximately 50 percent increase in the number of foreclosure cases in Indiana during the past five years. In 2008, there were 45,394 foreclosures filed in the state. In 2003 and 2004, there were approximately 30,000 foreclosures filed.

The Indiana Housing and Community Development Authority, the Indiana Foreclosure Prevention Network, the Indiana Pro Bono Commission, the Indiana Commission on Continuing Legal Education, the Indiana Continuing Legal Education Forum, the Office of the Indiana Attorney General, bar associations, law firms across the state, and the Indiana Supreme Court supported the training sessions.

Those who have handled settlement conferences have told Indiana Lawyer that having an attorney in the room can vastly improve a homeowner's chance of success.

While the court surpassed its goal to train at least 700 mediators, judges, and attorneys, an official statewide number has not been released regarding how many of those are eligible or have offered to take a pro bono case or mediate a settlement conference. That issue, along with other issues regarding the mortgage foreclosure CLEs, will be up for discussion at the annual conference of pro bono district plan administrators, which coincides with the Indiana State Bar Association's annual meeting in November.

Beyond training attorneys, judges, and mediators, the chief justice said the courts have a new plan to be implemented.

The proposed statewide system will help local courts handle the thousands of expected settlement conferences through local coordinators. The coordinators will also track the data for success rates, something each court currently does on its own without a centralized system. The Indiana Supreme Court and the Indiana Housing and Community Development Authority will finalize plans on this effort in the coming months.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. 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.

  3. 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

  4. 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

  5. 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

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