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.
Mortgages
Articles
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.
COA affirms ruling in mortgage foreclosure case
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.”
Plaintiffs’ appeal of bad-faith ruling for bank costs more legal fees
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.
COA affirms developer’s liability on defaulted property
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.