Indiana Commercial Foreclosure Law
Recent Blog Posts
- Indiana Judgment Liens On Real Estate In Revocable Trusts Lesson. A judgment lien can attach to real estate in a revocable trust if, among other things, the judgment debtor holds an ownership interest in the trust’s assets. Case cite. Sumrall v. LeSEA Inc. 234 N.E.3d 230, (Ind. Ct. App.... Related StoriesExpired Judgment Lien Must Be Renewed Before Foreclosure Can OccurAssignee Of Judgment Unable To Pursue Collection Absent Order Substituting PartiesBoth An Appeal And A Bond Generally Are Required To Stay Proceedings Supplemental ... More
- Purchaser Secures Surplus Funds Following HOA Lien Foreclosure Sale Lesson. Depending on the nature of the lien foreclosure action, former property owners may not always get the surplus sheriff’s sale proceeds – equity can play a role. Case cite. Brent St. John v. Carnoustie Circle Owners Ass'n Inc., 235... Related StoriesSheriff's Sale Surplus Goes To Owner/BorrowerMarion County (Indianapolis) Sheriff's Office UpdatesNotices of Sheriff’s Sales: Some Reminders ... More
- Indiana’s Equitable Clean-Up Doctrine Blocks Jury Trial Lesson. Counterclaims for money damages arising out of alleged wrongful foreclosure actions likely will not be tried to a jury but rather the court. Case cite. Colvin v. Taylor, 233 N.E.3d 497 (Ind. Ct. App. 2024) Legal issue. Whether counterclaims... Related StoriesAffidavit From Subservicer Employee Passes Hearsay Test For Original Lender’s RecordsMortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Loan Against BorrowerWhat Is A “Body Attachment” And When Does It Expire? ... More
- Indiana Does Not Have Commercial Usury Laws Apologies for the lack of content the past 30 days. Significant personal and business commitments have gotten in the way. I'm alive and well, however. Sometimes I'm asked whether Indiana has commercial interest rate caps or, in other words, whether... Related StoriesWhen Does The Defense Of “Laches” Apply?Another Indiana Decision Concerning Attorney’s Fees In A Foreclosure ActionIndiana’s Post-Judgment Interest Statute Applies to Awards of Attorney’s Fees ... More
- Material Alteration Defense: Surety Held Liable Despite Undisclosed Loan Modifications And Misuse Of Proceeds Lesson. Indiana courts respect language in mortgages and generally will uphold contractual waivers of defenses. Case cite. Devlin v. Horizon Bank 235 N.E.3d 850 (Ind. Ct. App. 2024) Legal issue. Whether a surety should be released from liability because the... Related StoriesSurety, Who Pledged A Mortgage To Secure An Ag Loan, Failed To Establish Impairment Of Collateral DefenseLender’s Email Committing To Future Loan Modification Does Not Prevent ForeclosureEstate Could Not Recover Alleged Debts Of Decedent’s Son Under “Open Account” Theory ... More
- Surety, Who Pledged A Mortgage To Secure An Ag Loan, Failed To Establish Impairment Of Collateral Defense Lesson. A surety (a form of guarantor) has a high burden to prove some "unjustified or unreasonable act” by a lender in order to establish the so-called “impairment of collateral” defense. Case cite. Devlin v. Horizon Bank, 235 N.E.3d 850... Related StoriesMaterial Alteration Defense: Surety Held Liable Despite Undisclosed Loan Modifications And Misuse Of ProceedsLender’s Email Committing To Future Loan Modification Does Not Prevent ForeclosureEstate Could Not Recover Alleged Debts Of Decedent’s Son Under “Open Account” Theory ... More