The following article by ATTOM from 4/21/22 shows that foreclosure starts, bank repossessions are at the highest levels in two years but still well below normal: LINK.
Indiana Commercial Foreclosure Law
Since 2006, dedicated to Indiana mortgage foreclosure, lien enforcement, title and servicing issues.
The Indiana Commercial Foreclosure Law blog, published by Dinsmore & Shohl LLP, focuses on legal issues related to commercial foreclosure and real estate finance in Indiana. It covers topics such as personal guaranty disputes, tenant by the entirety protections, land contract forfeiture versus foreclosure, and the impact of amendments on guaranty obligations. The blog analyzes relevant Indiana case law and statutory provisions, providing practical insights for parties involved in loan defaults, real estate transactions, and creditor-debtor disputes. It also addresses procedural and substantive aspects of foreclosure litigation and related remedies under Indiana law.
Latest from Indiana Commercial Foreclosure Law - Page 10
Indiana’s COVID Orders Interpreted: Interest-Tolling Provisions Not Applicable To Mortgage Loans
Lesson. COVID did not provide a defense to the accrual of interest on mortgage loans in 2020. Case cite. PNC v. Page, 2022 Ind. App. LEXIS 92 (Ind. Ct. App. 2022).Legal issue. Whether certain provisions in Indiana’s COVID-related Emergency…
Upcoming Changes To Indiana Sheriff’s Sales
In this year’s Indiana legislative session, the General Assembly enacted House Bill 1048, which becomes effective July 1, 2022. Here are some of the changes that will impact Indiana foreclosure law.Electronic sales. HB 1048 amended I.C. 32-29-7-3 to provide…
Criminal Restitution Order Is Like A Tax Lien
United States v. Ervin 2022 U.S. Dist. LEXIS 7344 (N.D. Ind. 2022) dealt with a criminal conviction and resulting order to pay restitution.Why is a criminal case the subject of a post on Indiana Commercial Foreclosure Law? Because the Court’s…
Indiana Legislation Proposed To Shut Bad Acting Landlords Out Of Foreclosure Sales
Indiana House Bill 1048 proposes to some adjustments to the sheriff’s sale process. Here is the latest synopsis of the bill:Allows the sheriff to conduct a public auction electronically. Prohibits certain persons and entities from purchasing a tract at a…
Indiana Court Of Appeals Reverses Fraudulent Transfer Judgment And Remands For Remedy Determination
Lesson. The devil’s in the details when looking at fraudulent intent, and various statutory remedies are available in Indiana fraudulent transfer actions.Case cite. Holland v. Ketcham, 2021 Ind. App. LEXIS 404 (Ct. App. Dec. 27, 2021)Legal issue. Whether Defendant’s…
Firm News: Rob Schein Joins Dinsmore
I’m very happy to report that my good friend Rob Schein is now one of my partners here in Indianapolis. Read more about it here.
Reinstated Federal Tax Liens On Property Owned Pre-Bankruptcy
Lesson. An erroneously-released federal tax lien can be reinstated, and the lien can reattach to a debtor’s pre-petition property, even in the wake of a bankruptcy discharge.Case cite. United States v. Shadoan, 2021 U.S. Dist. LEXIS 219003 (S.D. Ind. Nov.
Legal Reader: How Best To Prepare When Facing A Foreclosure
I thought this article by Samantha Higgins on legalreader.com was quite informative for borrowers: How Best to Prepare When Facing a Foreclosure. Although the piece is designed for residential/consumer foreclosures, many of the tips identified by Higgins apply with…
Indiana Federal Court Dismisses Alter Ego Claim Against Affiliated Company
Lesson. Common presidents and physical locations alone is insufficient evidence to render two companies one enterprise in disguise.Case cite. Vasquez v. Steiner Enters. 2021 U.S. Dist. LEXIS 211903 (N.D. Ind. Nov. 2 2021)Legal issue. Whether Company A was the…