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High court seeks comment on foreclosure practices

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The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.

The “best practices” statement was created in 2010 by a task force of trial judges, attorneys for creditors and debtors, academic experts, and attorneys in the Indiana Attorney General’s Office and Supreme Court’s Division of State Court Administration.

In January, the attorney general petitioned the court to promulgate an order requiring all trial courts observe and enforce the practices. The Indiana Bankers Association and Indiana Mortgage Bankers Association have requested guidance on the proper procedure for participation in the matter.

Now, the high court is inviting public comment on the substantive content of the practices list and whether all or some of the practices should be promulgated as rules or remain advisory only. Comments will be accepted through May 30, 2011.

Comments should be filed with the clerk of the Indiana Supreme Court. More information on the Mortgage Foreclosure Best Practices can be found on the court’s website.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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