Foreclosures

Overruling COA, justices decide Florida law group must face suit

March 21, 2017
Dave Stafford
A Florida law group that hired several Indiana attorneys to represent clients in foreclosures and bankruptcies must face a civil lawsuit, the Indiana Supreme Court ruled Tuesday.
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Justices uphold St. Joseph County foreclosure

March 14, 2017
Olivia Covington
The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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Divided COA says trial court must hold hearing on order to pay

December 6, 2016
Olivia Covington
A Floyd County trial court cannot order debtors to make monthly payments toward a mortgage, taxes and insurance premiums in a foreclosure case without first holding a hearing on the debtors’ ability to pay, a divided Indiana Court of Appeals held Tuesday.
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Ties to Florida firm burn Indiana lawyers

July 27, 2016
Dave Stafford
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
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COA: Woman, not bank, entitled to foreclosure surplus funds

July 21, 2016
Jennifer Nelson
A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.
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Court affirms bank entitled to foreclose on mortgage

June 10, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the foreclosure on a man’s mortgage after it found a mistake in making the deed for the property did not mean the man did not own it at the time of a modification agreement.
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Indianapolis jeweler faces $2.4M suit over store

June 1, 2016
Jeff Newman, IBJ Staff
Hofmeister Personal Jewelers Inc., one of Indianapolis' best-known jewelry stores, has been sued by Wells Fargo Bank for allegedly defaulting on a $2.3 million mortgage on its Clearwater Crossing store.
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Division of judgment in failed care facility financing affirmed

May 31, 2016
Dave Stafford
A former Indiana lawmaker and his business partners must pay a pro rata share of a deficiency judgment over defaulted financing for a rehabilitation care facility in Liberty, Indiana, the Court of Appeals affirmed Tuesday.
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COA deals blow to AG’s foreclosure lawyer consumer suit

May 23, 2016
Dave Stafford
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
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Second round of settlement money coming to IOLTA

March 16, 2016
Marilyn Odendahl
Indiana’s IOLTA program is preparing to receive a multi-million dollar boost. The money is coming from a second round of funding released as part of the settlement agreement with the Bank of America as a penalty for financial fraud during the mortgage foreclosure crisis.
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Inaccurate property description does not render mortgage invalid

February 9, 2016
Marilyn Odendahl
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
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Law schools, ILS partner on foreclosure prevention services

January 20, 2016
IL Staff
A grant from the Office of the Indiana Attorney General will help fund a partnership between Indiana Legal Services Inc. and two law schools in an effort to provide more services to those facing foreclosure in the state.
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COA affirms foreclosure of Crown Point property

December 31, 2015
Jennifer Nelson
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Company not entitled to relief from mortgage foreclosure judgment

December 9, 2015
Jennifer Nelson
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
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Split COA orders refund of $12K in foreclosure deficiency payments

November 13, 2015
Dave Stafford
A Court of Appeals panel wrote Friday that justice demands an attack on an improper 2009 garnishment order and a refund to a couple that paid $50 a week in deficiency payments after losing their home to foreclosure.
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Grant applications for mortgage settlement exceeding amount available

September 23, 2015
Marilyn Odendahl
Seven organizations have submitted applications to the Indiana Bar Foundation requesting just over $1 million in grants to help repair the damage from the housing crisis.
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COA reverses priority status for junior creditor in foreclosure

September 22, 2015
Dave Stafford
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
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AG: Foreclosure fraud victims share $67K in relief

September 1, 2015
IL Staff
Indiana Attorney General Greg Zoeller announced 29 victims of foreclosure-rescue fraud have started receiving payments from the state’s Consumer Protection Assistance Fund.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Material alteration of terms sufficient for dismissal of foreclosure

July 28, 2015
Dave Stafford
A trial court properly ruled against a financial institution in a mortgage foreclosure action because terms of the surety’s contract were materially altered over time, the Indiana Court of Appeals ruled Tuesday.
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IBF establishes grant program with national settlement funds

July 17, 2015
Marilyn Odendahl
The Indiana Bar Foundation has established a new grant program to help residents and their communities heal wounds from the Great Recession.
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Appeals panel affirms partial summary judgment in foreclosure suit

June 30, 2015
Dave Stafford
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor's interlocutory appeal seeking summary judgment to foreclose the mortgage.
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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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