Judges find eviction was allowed

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The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.

In Judy Ellis v. M&I Bank, No. 49A05-1107-CC-334, the state’s intermediate appellate court affirmed a judgment by Marion Superior Judge Cynthia Ayres involving a property on Bayhill Way in Indianapolis. Judy and Robert Ellis owned the property in 2006 when they hired a builder, quitclaimed the property for a line of credit and were allowed to stay there by leasing for five years. The builder defaulted on the line of credit and in February 2010 the bank owner, M&I Bank, filed a mortgage foreclosure suit in Hamilton County.

The couple had filed for bankruptcy but the trustee didn’t assume the lease, and after the property was released M&I obtained the foreclosure decree and bought the home from a sheriff’s sale in late 2010. In February, the bank sought to evict the couple through a Marion County lawsuit.

The Ellises objected on grounds that a similar suit was already pending in Hamilton County and that the Marion Superior Court didn’t have personal jurisdiction, but the trial court entered an order granting possession to M&I bank.

The appellate judges found that the foreclosure action was separate from the eviction action because M&I had ownership rights in the property after the foreclosure was granted and the sheriff sale happened. As a result, the bank could evict the Ellises and chose to do so. The trial court didn’t abuse its discretion in denying the Ellises’ motion to correct error, and the judgment was affirmed.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...