Articles

Court affirms in part lien priority ruling

A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.

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More proceedings necessary in mortgage foreclosure action

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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Falcon: Are no-damage-for-delay clauses enforceable?

When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?

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COA finds homeowners association committed slander of title

The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant’s requirements when leasing their home.

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