My Indianapolis colleagues in our Firm’s commercial real estate transactional group authored a nice article for IBJ.com, the online platform of the Indianapolis Business Journal: From Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate Financing. The piece
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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Lender’s Recovery Of Attorney’s Fees Related To Collateral Actions Denied
Lesson. Depending upon the contractual language, courts may not necessarily award lenders all of their attorney’s fees in loan disputes. Case cite. Cent. Mkt. of Ind. v. Hinsdale Bank N.A. 207 N.E.3d 1215 (Ind. Ct. App. 2023)Legal issue.…
Lender’s Email Committing To Future Loan Modification Does Not Prevent Foreclosure
Lesson. In Indiana, borrowers generally cannot use oral statements of lenders to contradict or alter the written terms of a promissory note. Case cite. Cent. Mkt. of Ind. v. Hinsdale Bank N.A., 207 N.E.3d 1215 (Ind. Ct. App. 2023)Legal…
SCOTUS: Innocent Girlfriend’s Debt Stemming From Boyfriend’s Fraud Held Nondischargeable
Lesson. The Bankruptcy Code’s provisions barring the discharge of a debt can extend to an innocent business partner.Case cite. Bartenwerfer v. Buckley 143 S. Ct. 665 (2023)Legal issue. Whether the bar to dischargeability in 11 U. S. C. §…
Twin Decisions By The Northern District Of Indiana Speak To Attorney’s Charging Liens
Lesson. Statutory attorney’s charging liens are not valid unless a judgment has been entered. However, a common law equitable lien for the recovery of fees may attach to settlement proceeds paid into court. Case cites. Browne v. Waldo, 2023 U.S.
What Is “Constructive Notice” In The Context Of Indiana Real Estate Law?
I’m sometimes asked by clients and new associates about the idea of “constructive notice” in the context of real estate litigation generally and commercial foreclosures specifically. The concept of constructive notice is a recurring theme on my blog. Indeed the…
Avoiding Construction Project Challenges
Today’s post is a bit off topic but still has relevance to the commercial foreclosure area. This is because construction problems can lead to mechanic’s liens, which can lead to priority disputes between contractors and lenders/mortgagees.Here is a PDF of…
Orders Enforcing Settlement Agreements Are Not Money Judgments Giving Rise to Interest
Lesson. Foreclosure and commercial collection cases are often resolved through an agreement that includes the payment of money to the lender/creditor. If you, as the plaintiff, want the right to collect interest on the settlement payment(s), then you should articulate…
Estate Could Not Recover Alleged Debts Of Decedent’s Son Under “Open Account” Theory
Lesson. To collect a debt that is not otherwise documented in a promissory note or credit agreement, make sure there is evidence of a promise, either express or implied, for the debtor to pay the balance to the creditor.Case cite.…
What Is The “Protecting Tenants at Foreclosure Act” And Does It Apply To Foreclosures On Multi-Family Properties?
The Statute. The Protecting Tenants at Foreclosure Act (the “Act”), 12 U.S.C. Section 5220, is a 2018 federal law that offers security for renters living in foreclosed properties. The Act imposes certain obligations on “immediate successors in interest” (presumably…