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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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