Foreclosures

Annual address praises court activity despite economy, changing times

January 19, 2011
Michael Hoskins
Even 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.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Reports break down caseloads, costs in Indiana courts

November 22, 2010
IL Staff
It 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.
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COA: Summary judgment wrong in foreclosure suit

November 19, 2010
Jennifer Nelson
A 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.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To 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.
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Supreme Court to rule on priority rights on liens

October 4, 2010
Jennifer Nelson
The 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.
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Lenders meet with borrowers at event

September 29, 2010
Rebecca Berfanger
Following 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.
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New approach to foreclosure prevention successful

September 15, 2010
Rebecca Berfanger
Courts 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.
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Attorneys needed for foreclosure events

August 13, 2010
IL Staff
Attorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention Network Sept. 1.
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Couple should have jury trial on legal claims

August 11, 2010
Jennifer Nelson
A 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.
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Rental properties require effort

August 4, 2010
Rebecca Berfanger
As 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.
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Court pilot programs boost foreclosure conferences

April 28, 2010
Rebecca Berfanger
Foreclosure 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.
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New foreclosure-prevention initiative announced

April 20, 2010
Rebecca Berfanger
To 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.
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2 county court systems get e-filing approval

March 31, 2010
Michael Hoskins
Two 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.
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Appellate ruling addresses priority rights

March 5, 2010
Jennifer Nelson
In 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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COA rules on service of summons issues

February 3, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
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Former attorney gets probation in fraud case

January 20, 2010
Jennifer Nelson
A former attorney who pleaded guilty to mail fraud last year was sentenced to 3 years probation Tuesday by a federal judge.
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Efforts to aid those facing foreclosure continue

October 19, 2009
Rebecca Berfanger
More than 1,000 Indiana attorneys, judges, and mediators have attended CLE trainings since June about mortgage foreclosures.
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Farming dispute creates first impression issue

October 16, 2009
Michael Hoskins
In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.
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Court grants transfer in foreclosure case

October 16, 2009
IL Staff
The Indiana Supreme Court will consider a mortgage foreclosure case involving whether one of the parties was entitled to a foreclosure decree for equitable real estate liens on an Indianapolis property.
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Mortgage CLE numbers announced Monday

October 16, 2009
Rebecca Berfanger
Representatives from the Indiana Supreme Court will be in Evansville Monday to release the number of judges, attorneys, and mediators who were trained this summer and fall to represent borrowers and handle settlement conferences.
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Former foreclosure lawyer charged with fraud

October 9, 2009
Michael Hoskins
The U.S. Attorney for the Southern District of Indiana has filed mail fraud charges against a former Indianapolis attorney who resigned from the bar two years ago.
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Group criticizes foreclosure mediation programs

September 23, 2009
IL Staff
A report released today by the National Consumer Law Center examining foreclosure mediation programs believes states, including Indiana, need to make substantial changes before the programs can be effective.
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Lawyer failed to deny note execution under oath

September 11, 2009
Jennifer Nelson
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
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Comment sought on foreclosure settlement rule

August 7, 2009
IL Staff
The Marion County courts are seeking comment on proposed amendments to Administrate Local Rule 49-TR 85 Rule 231 - Mandatory Settlement Conferences in Mortgage Foreclosure Cases.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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