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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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