Articles

COA: Bank that sold property to itself entitled to summary judgment

A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”

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COA affirms turnover of tax sale surplus funds

A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.

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Huntington attorney suspended for work with Florida company

A northern Indiana attorney who was involved in a Florida-based legal scheme that purported to assist clients in foreclosure and bankruptcy matters has been suspended from the practice of law for 30 days, the second of five Indiana attorneys involved with the Florida group to be disciplined by the Indiana Supreme Court.

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Supreme Court says cities can sue banks under US housing law

The Supreme Court of the United States ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes.

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Justices uphold St. Joseph County foreclosure

The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.

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Ties to Florida firm burn Indiana lawyers

Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.

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COA: Woman, not bank, entitled to foreclosure surplus funds

A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.

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COA deals blow to AG’s foreclosure lawyer consumer suit

An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.

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