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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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