Articles

Panel disagrees on foreclosure settlement resolution

The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.

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Court properly preserved home habitability claim

The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.

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OSHA postpones enforcement

The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.

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Fall protection mandatory for residential jobs

On Oct. 1, the Occupational Health and Safety Administration will begin enforcing fall protection plans for residential contractors. The regulations have long applied to commercial construction, but this year marks the first that OSHA will begin requiring residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.

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COA rules paying penalty doesn’t nullify appeal

The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.

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Legally preserving history

Real estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic significance.

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Court divided on purchase agreement termination

The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.

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Judges reverse summary judgment for agent, partner

A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.

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Lawyer practiced realty, construction law

The Indiana legal community has lost a former prosecutor and private attorney who, during his five decades of practice, established himself as a state and national expert in realty and construction law.

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