Quick post today to start the New Year. My routine case law search uncovered a criminal case related to some procedural technicalities that admittedly have no relevance to my blog: United States v. Yoder, No. 3:17-CR-30 JD, 2022 U.S.
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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Debtors Who Fail To Disclose A Potential Claim During The Bankruptcy Process Are Precluded From Pursuing Such Claims Later
Lesson. A BK debtor’s civil claims for damages remain exclusively with the BK trustee.Case cite. Capalla v. Best, 198 N.E.3d 26 (Ind. Ct. App. 2022).Legal issue. Whether a state court lawsuit for damages should be dismissed because the underlying…
Collecting From Related Companies – The Two Prongs Of Indiana’s Alter Ego Doctrine
Lesson. The alter ego doctrine requires a causal connection between the misuse of the corporate form and an injustice.Case cite. Perez v. Reitz, 2022 U.S. Dist. LEXIS 177250 (N.D. Ind. 2022)Legal issue. Whether two companies acted as alter egos…
Lender Permitted To Praecipe For Sheriff’s Sale 12 Years Post-Judgment
Lesson. Sheriff’s sales can occur even after an Indiana judgment lien expires. Case cite. U.S. Bank Tr. Bank Tr. Nat’l Ass’n v. Dugger, 193 N.E.3d 1015 (Ind. Ct. App. 2022).Legal issue. Whether a mortgage lender’s right to a sheriff’s…
In Indiana, Prejudgment Attachment Requires A Bond
Lesson. When considering the remedy of prejudgment attachment – i.e. freezing a defendant’s assets during the pendency of a lawsuit – make sure you evaluate the statutory bond requirement. Case cite. Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies…
Memo To Mortgage Lenders/Servicers/Counsel: Stop Naming County Treasurers In Indiana Mortgage Foreclosure Cases
In connection with my consumer finance/contested foreclosure practice, I continue to see mortgage foreclosure complaints that name the county or the county treasurer when there are delinquent real estate taxes on the mortgaged property. This is a waste of time…
Before You File, Review For “Personally Identifiable Information” and Redact: Indiana Overview
Most if not all states, including Indiana, have rules requiring the redaction of so-called “personally identifiable information” (PII) before documents may be filed with a court. (Don’t know what “redaction” means? This article helps explain.) Generally speaking, each document…
7th Circuit Opinion Captures The Essence Of An Indiana Lis Pendens Notice
The recent Seventh Circuit Court of Appeals case in Nat’l Asset Consultants LLC v. Midwest Holdings-Indianapolis LLC 2022 U.S. App. LEXIS 16689 (7th Cir. June 16 2022) did not litigate a lis pendens issue per se. The opinion did, however,…
Indiana Receiver Sales: Why … Why Not?
I wanted to post some content before leaving on a vacation to celebrate my 25th wedding anniversary. Today’s article incorporates material first published back in 2015 and relates to my prior post – Receiver Not Authorized To Sell Property Without…
Forged Power Of Attorney In Set Of Loan Documents Did Not Render Personal Guaranty Unenforceable
Lesson. A properly-executed promissory note and personal guaranty should overcome alleged defenses associated with other flawed loan documents.Case cite. Nextgear Capital Inc. v. Premier Grp. Autos LLC 2022 U.S. Dist. LEXIS 89317 (S.D. Ind. 2022)Legal issue. Whether a forged…