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Indiana Supreme Court Suspends All Jury Trials Until 3/1/21

Indiana Commercial
Foreclosure
5 years ago

Click here for today's Order Suspending Jury Trials entered by our state's high court.  The Indiana Lawyer reported on this,.. Read More;

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Indiana Court of Appeals Mortgage Foreclosure Opinion, III of III: Damages Evidence After Lenders Merge

Indiana Commercial
Foreclosure
5 years ago

Lesson.  Even if the original lender no longer exists due to a merger, as long as the proper foundation is,.. Read More;

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Indiana Court of Appeals Mortgage Foreclosure Opinion, II of III: Liability Evidence Teachings

Indiana Commercial
Foreclosure
5 years ago

Lesson.  In contested motions for summary judgment, lenders should not forget to point to the entire record before the court. ,.. Read More;

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Recent Indiana Mortgage Foreclosure Opinion, Post I of III: Liability First Material Breach Doctrine

Indiana Commercial
Foreclosure
5 years ago

Lesson.  Indiana’s “first to breach” defense would appear to be an exceedingly difficult theory for borrowers to establish in most,.. Read More;

post

Economics Of The Transaction Establish Land Contract Rather Than Lease

Indiana Commercial
Foreclosure
5 years ago

Lesson. When determining whether a real estate agreement is a lease or a land sale contract, follow the money. Case cite.,.. Read More;

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Bank Loses 100k After Failing To Appear At Garnishment Hearing To Prove Right Of Set-Off

Indiana Commercial
Foreclosure
5 years ago

Lesson. A bank, as a garnishee-defendant, may claim a right to set-off funds on deposit against amounts its customer owes,.. Read More;

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U.S. Supreme Court: FDCPA Statute Of Limitations

Indiana Commercial
Foreclosure
5 years ago

The Supreme Court of the United States, in Rotkiske v. Klemm, 140 S.Ct. 355 (2019), held that the Fair Debt,.. Read More;

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Wife Was A Creditor In Alleged Fraudulent Transfer Case And Proved The Necessary Fraudulent Intent To Prevail Over Husband In Divorce Case

Indiana Commercial
Foreclosure
5 years ago

Lesson. Dumping real estate assets for no value shortly before a judgment, even in a divorce case, could lead to,.. Read More;

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The Indiana Lawyer: Bankruptcy Flood Coming?

Indiana Commercial
Foreclosure
5 years ago

This article in The Indiana Lawyer predicts a "flood" of COVID-related bankruptcy filings and quotes a number of local BK,.. Read More;

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Credit Card's Summary Judgment Reversed Due To Flawed Affidavit

Indiana Commercial
Foreclosure
5 years ago

In Zelman v. Capital One, 133 N.E.3d 244 (Ind. Ct. App. 2019), the Indiana Court of Appeals reversed the trial,.. Read More;

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Is The Label Indiana Lender Liability Act A Misnomer?

Indiana Commercial
Foreclosure
5 years ago

In the past, I’ve heard things from secured lenders like:  “you don’t see any exposure to our bank under the,.. Read More;

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Indiana Sheriff's Sale Update

Indiana Commercial
Foreclosure
5 years ago

The COVID-related impact upon Indiana sheriff's sales has had a few layers:     1.    The first involved Governor Holcomb's moratorium on residential foreclosure,.. Read More;

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