COA affirms default judgment for mortgagor, finding appeal untimely
A request to reconsider a default judgment on a voided mortgage was denied after the Court of Appeals of Indiana concluded the appeal was untimely.
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Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
Marion County mortgage data shows lower homeownership, especially among Blacks and Hispanics
More than 50 years after the passage of the federal Fair Housing Act of 1968, Marion County, Indiana’s highest populated and most racially diverse county, not only has a lower rate of homeownership than the rest of the state but has been experiencing a decline in homeownership driven by a drop in Blacks and Hispanics buying houses of their own, according to a report by the Fair Housing Center of Central Indiana.
Allen Superior Court seeks to return $282K in foreclosure surplus funds
Dozens of former Allen County property owners are entitled to surplus funds following the foreclosure of their homes, the Allen Superior Court announced Tuesday. The court is now seeking to locate those property owners and return the funds.
HUD complaints allege racial bias in Indianapolis home appraisals
The Fair Housing Center of Central Indiana and Indianapolis resident Carlette Duffy have filed fair housing complaints with the U.S. Department of Housing & Urban Development, alleging Duffy’s home was appraised at a lower value because she is African American.
Foreclosure case remanded over statutory violation
A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.
Ruling for homeowner in quiet title action after bankruptcy vacated
An Indiana trial court order in favor of a Hammond homeowner in her quiet title action following a bankruptcy was vacated Friday by the Indiana Court of Appeals, which found the trial court lacked jurisdiction.
Justices rebuff Fannie Mae, Freddie Mac petition on COVID interest tolling
The Indiana Supreme Court has denied a petition by federal mortgage giants Fannie Mae and Freddie Mac asking the court to clarify its emergency orders tolling mortgage interest in certain cases in Indiana trial courts.
Revisiting foreclosure case, COA reaffirms money judgment
A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.
Law change from ‘or’ to ‘and’ causes headaches for recorders
While politicians often decry bureaucracy and red tape, a bill passed by Indiana legislators in 2020 changed a single word in a state statute and, as a result, raised an extra hurdle for Hoosiers trying to get a document recorded at their local county recorder’s office.
7th Circuit splits in loan modification dispute, rules in bank’s favor
A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.
Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence
A Lake Superior judge who threw out a bank’s mortgage foreclosure lawsuit against a homeowner and entered judgment in her favor was reversed by the Indiana Court of Appeals, which found the court abused its discretion in ordering a “near-blanket exclusion” of the bank’s evidence.
Judgment affirmed for bank in mortgage foreclosure
The Indiana Court of Appeals has affirmed an award of summary judgment for a bank and trust company in a mortgage foreclosure case brought by a Noblesville couple, rejecting the couple’s evidentiary challenges.
Justices affirm trial court in mortgage acceleration clause case
The Indiana Supreme Court has affirmed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, concluding that the lender filed suit against the borrowers within the applicable statutes of limitations.
Litz & Eaton co-founder facing three lawsuits, including one from his former partner
Three new lawsuits have been filed against one of the co-founders of floundering Indianapolis residential development firm Litz & Eaton — including one suit that could tee up a legal fight with his former business partner.
Help renewed for Hoosiers facing loss of their home
The Indiana Supreme Court is working to help troubled homebuyers, and possibly prevent another flood of empty houses, by relaunching the Mortgage Foreclosure Trial Court Assistance Project. A $115,000 grant from the Indiana Bar Foundation will provide funding to pay for facilitators to work with borrowers and lenders to try to get them to reach an agreement that will avert a foreclosure.
Justices to hear arguments in juvenile murder case
The Indiana Supreme Court is set to hear oral arguments Thursday in a decades-old murder case considering whether the defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the crime.
Reversal: Bank loses in lengthy foreclosure battle
The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.
Justices to hear arguments in 5 cases, decline nearly 40 others
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
Foreclosure, judgment for Kokomo property owners reversed
An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.