The Indiana Bankers Association publishes the Hoosier Banker magazine, which features my article about forbearance agreements in the current issue. Click here for the online version of the piece. The full article follows. I’d like to thank the folks
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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Metes And Bounds Legal Descriptions, As Opposed To Street Addresses, Control The Effectiveness Of Mortgages In Indiana
Lesson. So long as the legal description in a mortgage provides notice of the boundaries and location of the subject real estate, discrepancies regarding the street address are of no moment.Case cite. United States Bank Nat’l Ass’n v. Spencer, 214…
Lender Permitted To Pursue Third Foreclosure Case Because The Two Prior Actions Were Dismissed “Without Prejudice”
Lesson. A lender’s motion for voluntary dismissal of a foreclosure lawsuit, without prejudice, generally leaves the door open to file a subsequent action. Case cite. United States Bank Nat’l Ass’n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023)Legal…
One Indiana Square (aka Regions Tower) Subject Of Foreclosure Action
Various media outlets are reporting that our firm’s office building in downtown Indianapolis is being foreclosed upon. (We’re just a tenant and paying our rent, so this isn’t our fault!) The articles, in part, suggest looming problems with the office…
Lengthy, Multi-Case Foreclosure Conflict Insufficient To Establish Lender Had Unclean Hands
Lesson. In Indiana, the equitable defense of unclean hands requires proof of intentional misconduct. Case cite. United States Bank Nat’l Ass’n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023)Legal issue. Whether Lender had unclean hands that precluded foreclosure.Vital…
Prior Replevin Of Manufactured Home Did Not Render Mortgage Fully Satisfied As To the Underlying Land
Lesson. If a security interest involves both real and personal property, then the secured party may accept certain of the collateral in partial satisfaction of the obligation it secures. Case cite. United States Bank Nat’l Ass’n v. Spencer, 214 N.E.3d…
Assignee Of Judgment Unable To Pursue Collection Absent Order Substituting Parties
Happy New Year. Forgive me for the extended break in the action here. Year-end projects, holidays, a bout of the flu, etc. prevented me from writing recently.Lesson. If you’re an assignee of a judgment, file a motion for substitution of…
Indiana’s Post-Judgment Interest Statute Applies to Awards of Attorney’s Fees
Lesson. A money judgment that includes an award of attorney’s fees accrues statutory post-judgment interest.Case cite. Piccadilly Mgmt. v. Abney, 215 N.E.3d 1078 (Ind. Ct. App. 2023)Legal issue. Whether an award of attorney’s fees is separate from a judgment…
The Challenges Of Obtaining Prejudgment Attachment
Lesson. Indiana recognizes the remedy of prejudgment attachment, but the hoops through which plaintiffs must jump are challenging. Case cite. Vukadinovich v. Posner, 2023 U.S. Dist. LEXIS 114854 (N.D. Ind. 2023)Legal issue. Whether a plaintiff’s motion for prejudgment attachment…
Both An Appeal And A Bond Generally Are Required To Stay Proceedings Supplemental
Lesson. In Indiana, a judgment debtor (defendant) generally will be required to post a bond in order to stay (stop) proceedings supplemental (post-judgment collection efforts) during an appeal. Without a bond and a corresponding order of stay, proceedings supplemental can…