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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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