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IBA: Mortgage Foreclosure in Marion County

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Ayers-Cynthia-mug Ayers

By The Hon. Cynthia Ayers

In November 2008, the Indianapolis Bar Association Board of Directors approved a resolution authorizing the formation of a new task force charged with finding ways to confront the explosion in mortgage foreclosures in Marion County. The Indianapolis Mortgage Foreclosure Task Force (IMFTF) was established, comprised of volunteer lawyers, judges, and state agency managers. Members included lawyers from the Indiana Bankers Association, the Attorney General’s Office, Legal Services Organization, United Auto Workers Legal Services, the Indiana Mortgage Foreclosure Prevention Network, the Christian Legal Clinic, HUD, debt management agencies, members of the private bar and other concerned citizens.

The initial responsibility of the IMFTF was to determine the magnitude of the mortgage foreclosure crisis and develop an appropriate action plan. The committee developed ideas on how the bar association might help distressed homeowners and lenders and the entire community as a whole. Members quickly realized that in addition to families facing personal financial crisis, banks were being inundated with foreclosed properties. Empty homes were often magnets for criminal activity and consequently, directly related to rapidly falling home values.

Subcommittees were set up to facilitate a diversified approach to critical issues. Three major objectives were identified: court case-management, with the use of Alternate Dispute Resolution methods to promote face-to-face meetings between borrowers and lenders; education and training of lawyers, to facilitate pro bono representation of homeowners; and collaboration with the Indiana Housing Foreclosure Network, to encourage the referral of borrowers to credit counseling and debt management services.

For years, the Indiana foreclosure process followed a general routine. Initially, the lender filed suit after payments were missed, service was obtained on the defendant homeowner, the appropriate pleadings were presented timely to the court, and if done properly, default judgment was entered. Next, the defaulted borrowers either voluntarily left or stayed in possession until evicted after a Sheriff’s Sale. As the economic crisis worsened nationwide, it became increasingly apparent that an opportunity for settlement discussions may be a better approach for all parties. Based upon success in Pennsylvania, Ohio, Connecticut, and Illinois, the IMFTF drafted a local rule, later approved by the Marion Superior Court in March 2009. The local rule required a settlement conference between borrower and lender in owner-occupied foreclosure cases.

Concurrently, the federal government required banks to offer loan modification programs to eligible borrowers. In July 2009, SB492, modeled in large part after the aforementioned Marion County local rule and sponsored by Senator Karen Tallian of Portage, Indiana, was enacted. (I.C. 32-30-10.5 et seq.). SB492 made settlement conferences available to all homeowners who requested them within certain timelines.

Since the passage of the local rule and SB492, much progress has been made. In Marion Civil Court IV, for example, 197 settlement conferences have occurred; of those, 27% resulted in dismissal of the foreclosure action and 15% are pending with proposed settlements.

In early 2010, the Indiana Supreme Court introduced pilot projects in Marion, Allen, Monroe, and St. Joseph counties which provide logistical coordinators and facilitators who manage the settlement conferences. In Marion County, three courts are part of the pilot program: Circuit Court and Civil Courts IV and X. This program has streamlined the foreclosure process, proving highly beneficial to successful outcomes. In-person facilitation has insured good faith settlement negotiation between borrower and lender.

In addition to these measures, other members of the IMFTF were educating and training volunteer attorneys to represent borrowers pro bono. To date, over 1000 attorneys statewide have received foreclosure training. Members involved with foreclosure prevention at the state level have also continued to work by keeping the crisis statistics current, providing access to twenty-four hour debt counseling services, and affording relief to homeowners through the “Get Hope Get Help Hotline,” (1-800-382-5516).

In sum, the Indianapolis Mortgage Foreclosure Task Force has met many of its goals and continues to move forward. Improvements are needed to encourage and expedite case resolution, such as the linking of homeowners directly to a legal-advice hotline. A better process for the exchange of information between debt counselors and case facilitators may reduce duplicative efforts. Additionally, the establishment of a confidential E-Repository for all settlement-related documents could eliminate cancelled meetings.

The Indianapolis Bar Association can be proud of the accomplishments of the Mortgage ForeclosureTask Force. Desperate times have called for a much needed change in mortgage foreclosure case management and local lawyers and judges have answered the call.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. 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.

  5. 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.

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