Foreclosures
COA holds volunteer caretaker not entitled to damages
January 27, 2012
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking
care of a blighted property.
MoreBankruptcy filings down in 2011
January 18, 2012
Kathleen McLaughlinAttorneys says the drop in mortgage foreclosures and sales impacted filings.
MoreJudges find eviction was allowed
December 30, 2011
Michael HoskinsThe 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.
More'Best Practices' will not advance to rulemaking stage
October 7, 2011
IL StaffIndiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage
Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
MoreJustices split over how to determine a lawsuit is equitable
September 15, 2011
Jennifer NelsonThe Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit
is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right
to a jury on distinct and severable legal claims.
MoreIndiana AG sues Florida foreclosure firm owned by lawyer
August 11, 2011
IL StaffIndiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that
Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not
provided.
MoreJudges split on mortgage issue
May 17, 2011
Jennifer NelsonIn a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to
whether the mortgagee on record had an enforceable right under a mortgage.
MoreCOA orders trial court to define, locate easement
May 16, 2011
Jennifer NelsonA trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because
the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled
the Indiana Court of Appeals.
MorePilot project uses secure network for foreclosure settlement agreements
April 11, 2011
IL StaffThe Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange
financial documents over a secure online network.
MoreHigh court seeks comment on foreclosure practices
February 25, 2011
IL StaffThe Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices”
guidelines.
MoreAnnual address praises court activity despite economy, changing times
January 19, 2011
Michael HoskinsEven though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader
that other states look to as an example.
MoreCourt programs, economy among focuses of foreclosure conference
November 24, 2010
Rebecca BerfangerWhen it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
MoreReports break down caseloads, costs in Indiana courts
November 22, 2010
IL StaffIt cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme
Court Division on State Court Administration.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreCourts consider foreclosure issues
October 27, 2010
Rebecca BerfangerTo address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings
regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including
judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
MoreSupreme Court to rule on priority rights on liens
October 4, 2010
Jennifer NelsonThe Indiana Supreme Court took a case from the Indiana Court of Appeals involving strict foreclosure in which the lower appellate
court adopted the reasoning from a federal case to determine priority rights on liens.
MoreLenders meet with borrowers at event
September 29, 2010
Rebecca BerfangerFollowing a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana
Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.
MoreNew approach to foreclosure prevention successful
September 15, 2010
Rebecca BerfangerCourts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators
– who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
MoreAttorneys needed for foreclosure events
August 13, 2010
IL StaffAttorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention
Network Sept. 1.
MoreCouple should have jury trial on legal claims
August 11, 2010
Jennifer NelsonA couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.
MoreRental properties require effort
August 4, 2010
Rebecca BerfangerAs the prices for homes continue to drop as foreclosures and abandoned properties continue to pop up in virtually every neighborhood,
there may be a few people considering whether these homes could make for good investments either as properties to fix and
sell or to buy and repair for a rental property.
MoreCourt pilot programs boost foreclosure conferences
April 28, 2010
Rebecca BerfangerForeclosure rates have remained at record highs for Indiana the past few years, and a court program to help homeowners hasn't
been as successful as hoped. That's now changing.
MoreNew foreclosure-prevention initiative announced
April 20, 2010
Rebecca BerfangerTo encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program
involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.
More2 county court systems get e-filing approval
March 31, 2010
Michael HoskinsTwo of Indiana's largest counties are getting close to putting electronic filing plans into place after receiving a green
light from the Indiana Supreme Court late last year and early this year for pilot projects.
MoreAppellate ruling addresses priority rights
March 5, 2010
Jennifer NelsonIn reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals
specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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Court Calendar
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February 8, 2012 Jack Messer v. New Albany Police Dept. - 2/8/12
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February 9, 2012 Mary E. Santelli v. Abu M. Rahmatullah, et al. - 2/9/12
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February 15, 2012 City of Evansville v. United States Fidelity & Guaranty Co. - 2/15/12
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February 15, 2012 Sharon K. Wilson v. Heritage House Convalescent Center -2/15/12
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I've been a republican my whole life but to me this is despicable. Its a race to the bottom with the third world when it comes to trying to fetch manufacturing back by lowering wages. Only fools think that is going to really work. You can see that in the southern states they can't hold on to jobs any better than we can up here.
Much praise to Pat Bauer and the democrats and, most of all, to the the nine BOLD AND WISE republicans who voted and fought against this.
Yup, in Marion County we surely do have the best justice money can buy.
If Republican slating fees are $12,000 they've been lowered. They as of very recently was $25,000.
Indiana law does not require law enforcement agencies to remove "police blotter" records, nor does it require Court Clerks to remove their records. Limiting expungements in this way renders them useless, since many private firms check local and county records for employers. The result is the crime will be discovered, and the applicant rejected. Expungement means just that, and should be required of all criminal justice agencies.
Hope everything turned out okay. My father was wrongfully convicted and sentenced to 65 yrs in jail in Indiana and after serving 17 yrs, the other co-defendants finally came forward and confessed he was not there. The court exonerated him, but left the conviction on his record. And of course, Indiana can lock you up on a wrongful conviction, but want pay you a dime for you time. Laws need to change, period!! My dad has since passed, but I trying to make it better.