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Judges find certain property not included in sheriff's sale

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The Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal property at a sheriff’s sale when the notice only mentioned the sale of real property.

Lorenzo and Joette Surrisi appealed the Marshall Circuit Court order that said their real and business personal property were sold to James Bremner at a sheriff’s sale. The Surrisis owned City Tavern in Culver and lived on the premises. Bremner loaned the couple money in return for a security interest in their alcohol beverage permit and a real estate mortgage, security agreement and fixture filing – all of which granted in the case of a default, a mortgage on the property and security interest in all personal property and fixtures, including those owned by the Surrisis for their personal use.

The Surrisis defaulted and the parties agreed that the real property and personal property would be sold at a sheriff’s sale. But the praecipe for sheriff’s sale and the notice posted about the sheriff’s sale only mentioned real property. Before the sale, the Surrisis removed all their personal property. Bremner was the highest bidder at the sale.

At a hearing, the trial court judge found that the sale of the business personal property was adequately supported by the agreed judgment, the post-judgment agreements of the party and the bill of sale issued by the sheriff.

In Lorenzo Surrisi, Individually and d/b/a City Tavern and Joette Surrisi, Individually and d/b/a City Tavern v. James D. Bremner, No. 50A04-1102-MF-83, the appellate court agreed with the Surrisis that the bill of sale was faulty because according to the praecipe of sale, notice of sale and tax documentation, only the real property was subject to the sheriff’s sale. The judges couldn’t find an Indiana case with similar facts, so it turned to the Colorado appellate court decision Van Egmond v. Horsman, 10 P.3d 715 (Colo. App. 2000). Just as in the instant case, those parties agreed that the real and personal property used to secure a promissory note would be sold at a sheriff’s sale, but only the real property was every listed. The highest bidder, Van Egmond, argued that the personal property subject to the settlement agreement was sold as part of the sheriff’s sale, but the Colorado Court of Appeals disagreed because no notice of sale was given with respect to the personal property.

“The Surrisis knew their personal property could be subject to a sheriff’s sale, but the notice of this sale listed only the real property. Nothing in the settlement agreement requires that the real and personal property be sold at the same sale, so a person reading the Notice, even one aware of the Agreed Judgment, would presume that only the real property was to be sold,” wrote Judge Melissa May.

The COA remanded for the vacation of the portion of the court order indicating that the sheriff’s sale included the business personal property. The COA told the court to determine the amount of compensation due to the Surrisis for the loss of their business personal property since Bremner had sold the restaurant and business personal property to a third party.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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