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Federal Foreclosure Sale Upheld 15% Of Fair Market Value Did Not Shock The Conscience

Indiana Commercial
Foreclosure
3 years ago

Lesson. In Indiana, foreclosure sales are not designed, nor required, to net the fair market value of the real estate.,.. Read More;

post

Indiana Court Discusses Test For Recovery Of Attorney's Fees In Action Against Guarantor

Indiana Commercial
Foreclosure
3 years ago

Lesson. An arbitrary “partial” award of attorney fees to a lender may be reversible error. Trial courts must assess what,.. Read More;

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An Award Of Unpaid Interest And Late Fees Due Under An Absolute Guaranty Is Not Discretionary

Indiana Commercial
Foreclosure
3 years ago

Lesson. Contract language is a court’s road map for calculating a lender’s damages, including accrued interest and late fees, which,.. Read More;

post

Indiana Court of Appeals Denies Guarantors Material Alteration Defense

Indiana Commercial
Foreclosure
3 years ago

Lesson. While it still is advisable for lenders to have guarantors sign off on any loan modifications, such paperwork may,.. Read More;

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Indiana Court Holds That Contract For Purchase Of Loan Was Not Breached

Indiana Commercial
Foreclosure
3 years ago

Lesson. When dealing with the purchase or sale of a loan, be mindful that the borrower could pay off the,.. Read More;

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Criminal Fraud Arising Out of Civil Title/Foreclosure Disputes

Indiana Commercial
Foreclosure
3 years ago

Quick post today to start the New Year. My routine case law search uncovered a criminal case relate to some,.. Read More;

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Debtors Who Fail To Disclose A Potential Claim During The Bankruptcy Process Are Precluded From Pursuing Such Claims Later

Indiana Commercial
Foreclosure
3 years ago

Lesson. A BK debtor’s civil claims for damages remain exclusively with the BK trustee. Case cite. Capalla v. Best, 198,.. Read More;

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Collecting From Related Companies - The Two Prongs Of Indianas Alter Ego Doctrine

Indiana Commercial
Foreclosure
3 years ago

Lesson. The alter ego doctrine requires a causal connection between the misuse of the corporate form and an injustice. Case,.. Read More;

post

Lender Permitted To Praecipe For Sheriffs Sale 12 Years Post-Judgment

Indiana Commercial
Foreclosure
3 years ago

Lesson. Sheriff’s sales can occur even after an Indiana judgment lien expires. Case cite. U.S. Bank Tr. Bank Tr. Nat'l,.. Read More;

post

In Indiana, Prejudgment Attachment Requires A Bond

Indiana Commercial
Foreclosure
3 years ago

Lesson. When considering the remedy of prejudgment attachment – i.e. freezing a defendant’s assets during the pendency of a lawsuit,.. Read More;

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Memo To Mortgage Lenders/Servicers/Counsel: Stop Naming County Treasurers In Indiana Mortgage Foreclosure Cases

Indiana Commercial
Foreclosure
3 years ago

In connection with my consumer finance/contested foreclosure practice, I continue to see mortgage foreclosure complaints that name the county or,.. Read More;

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Before You File, Review For Personally Identifiable Information and Redact: Indiana Overview

Indiana Commercial
Foreclosure
3 years ago

Most if not all states, including Indiana, have rules requiring the redaction of so-called “personally identifiable information” (PII) before documents,.. Read More;

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