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.
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.
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.
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.
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.
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.
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.
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.
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.
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
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.
The Court of Appeals allowed a rehearing in the case of R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva, 01A05-1709-MF-2174 , but affirmed its original decision after the bank contended the defendant made no argument of “claim for abuse of process.”
Finding a couple’s appeal of a judgment in favor of a bank meritless and in bad faith, the Indiana Court of Appeals affirmed a trial court ruling and remanded the case for a determination of appellate legal fees to be awarded from the couple to the bank.
A real estate developer whose project had to be sold after the company defaulted on the mortgage is on the hook for nearly half the owed price based on a contract he signed as guarantor, the Indiana Court of Appeals affirmed.