Bankruptcy filings down in 2011
Attorneys says the drop in mortgage foreclosures and sales impacted filings.
Foreclosures
Articles
Judges find eviction was allowed
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
‘Best Practices’ will not advance to rulemaking stage
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
Justices split over how to determine a lawsuit is equitable
The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.
Indiana AG sues Florida foreclosure firm owned by lawyer
Indiana Attorney General Greg Zoeller has filed a complaint against a for-profit Florida foreclosure consultant company that Zoeller claims operated illegally in 15 Indiana counties and failed to provide refunds to customers after services were not provided.
Judges split on mortgage issue
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
COA orders trial court to define, locate easement
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
Pilot project uses secure network for foreclosure settlement agreements
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
High court seeks comment on foreclosure practices
The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.
Annual address praises court activity despite economy, changing times
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
Court programs, economy among focuses of foreclosure conference
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
Reports break down caseloads, costs in Indiana courts
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.
COA: Summary judgment wrong in foreclosure suit
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
Courts consider foreclosure issues
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
Supreme Court to rule on priority rights on liens
The Indiana Supreme Court took a case from the Indiana Court of Appeals involving strict foreclosure in which the lower appellate court adopted the reasoning from a federal case to determine priority rights on liens.
Lenders meet with borrowers at event
Following a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.
New approach to foreclosure prevention successful
Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
Attorneys needed for foreclosure events
Attorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention
Network Sept. 1.
Couple should have jury trial on legal claims
A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.