Lesson. In the post-judgment collection phase of a case, the plaintiff creditor is not entitled to an order transferring title to the defendant debtor’s real estate for purposes of satisfying the judgment. For that to happen, the creditor must follow
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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Bank Records Of Non-Party (Third Party) Discoverable In Post-Judgment Collection Action
Lesson. A bank’s records of a non-party to litigation can be subpoenaed in post-judgment collection proceedings if the document request is reasonably calculated to lead to the discovery of concealed or fraudulently transferred assets.Case cite. Allstate Ins. Co. v. Orthopedic…
Lender Entitled To Full Amount Of Insurance Proceeds From Fire Loss: Borrower Responsible For Own Attorney Fees
Lesson. If a borrower engages an attorney to help with an insurance claim arising out of a loss to mortgaged property, generally the attorney will not be paid from the insurance proceeds, which belong to the lender as a loss…
Date Of Sheriff Sale Fee Increase Varying By County
In follow-up to my post on Monday the 27th – County Sheriff Sale Fees Increasing to $300 – it appears the actual date upon which the fee increase will apply may vary by county. The quote below is an email…
County Sheriff Sale Fees Increasing to $300
I’ve been peppered with emails from various Indiana county sheriff’s departments advising that the foreclosure sale fees are about to increase to $300. This is consistent with the enactment of House Bill 1048, about which I wrote back in March: …
Presumption Of Ownership Through Tenants By The Entirety Can Be Rebutted By Contract
Lesson. Since ownership of real estate by a husband and wife creates a presumption of a tenancy by the entirety, typically a creditor cannot collect the debt of one spouse from the marital real estate. However, the presumption is rebuttable…
Lender’s Redirection Of Rents Does Not Constitute “Unclean Hands” When Supported By Loan Documents
Note: This is the fourth post about the 410 case, cited below, that grants a lender’s motion for summary judgment against a borrower (and other defendants), despite the defendants’ assertions of multiple defenses and counterclaims. For background and context, here…
Borrower’s Loan Reinstatement-Related Promissory Estoppel Defense Dismissed
Loan Reinstatement Communication Did Not Bind Lender In Workout Negotiations
Note: on 5/6/22, I wrote about the 410 case cited below. Today’s post addresses additional subject matter from the same opinion. Please review my previous post for background.Lesson. In workout negotiations, if banks wish to avoid communications that could…
Pooling And Servicing Agreement Did Not Divest Trustee Of Ability To Foreclose
Lesson. With securitized loans, the trustee on behalf of the trust (the lender) is a “real party in interest” for purposes of filing a foreclosure suit, despite the existence of a special servicer appointed by a pooling and servicing…