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
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.
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No Surprise: Report Concludes That Nation’s Foreclosure Activity Dropped To All-Time Low In 2021
From IT News Online:IRVINE, Calif., Jan. 13, 2022 /PRNewswire/ — ATTOM, licensor of the nation’s most comprehensive foreclosure data and parent company to RealtyTrac, the largest online marketplace for foreclosure and distressed properties, today released its Year-End…
Indianapolis Bar Association COVID Update: Marion County Courts
Courtesy of the IBA today:Updated COVID Marion Superior and Circuit Court Measures regarding Facial Coverings and Suspension of Jury TrialsThe Executive Committee of the Marion Superior Court and the Judge of the Circuit Court have continued to monitor local numbers…
Damages Under Indiana’s UCC For Breaching The Peace: Treatment Of Deficiency
Lesson. A Borrower’s UCC damages arising out of a secured lender’s breach of the peace can be reduced by the loan deficiency, assuming the disposition of the collateral was commercially reasonable. Case cite. Horizon Bank v. Huizar, 2021 Ind. App.
Liability Under Indiana’s Uniform Commercial Code For Breaching The Peace
Lesson. A Lender (secured creditor) could be exposed to liability for breaching the peace (“disturbing the public tranquility or order”) if it refuses to halt a repossession after a borrower voices an objection to the seizure.Case cite. Horizon Bank v.
Indiana Supreme Court’s COVID Order Interpreted: Post-Judgment Interest
Lesson. Post-judgment interest was not tolled by the Indiana Supreme Court’s 2020 COVID-related emergency orders.Case cite. Denman v. St. Vincent Med. Grp., Inc., 2021 Ind. App. LEXIS 254 (Ind. Ct. App. 2021)Legal issue. Whether the Indiana Supreme Court’s order…
Does A Deed-In-Lieu Of Foreclosure Automatically Release A Borrower From Personal Liability?
A deed-in-lieu of foreclosure (DIL) is one of many alternatives to foreclosure. For background, review my post Deeds In Lieu Of Foreclosure: Who, What, When, Where, Why And How. Today I discuss the Indiana Court of Appeals’ opinion in…
The Rooker-Feldman Doctrine Is Alive And Well In The 7th Circuit
In Banister v. U.S. Bank Nat’l Ass’n, 2021 U.S. App. LEXIS 28565 (7th Cir. 2021), the United States Court of Appeals for the Seventh Circuit (that includes Indiana) affirmed an Illinois district court’s decision to dismiss on jurisdictional grounds…
What “Loss” Does An Owner’s Policy Of Title Insurance Cover?
Lesson. Title insurance generally covers “actual losses” arising out of the existence of a title defect, not losses from the conduct of the insured or personal dealings between people. Case cite. Hughes v. First Am. Title Ins. Co., 167 N.E.3d…
American Banker: Small Banks, Credit Unions Warned To Brace For Pandemic Aftershock
Here is an article by Ken McCarthy and Jim Dobbs in the Community Banking section of the American Banker: Small banks, credit unions warned to brace for pandemic.One of the interesting opinions featured in this piece is that…