Indiana Commercial Foreclosure Law

Recent Blog Posts

• Indiana’s Right Of Setoff And The Mutuality Requirement Lesson. A defendant debtor can reduce the amount owed to a plaintiff creditor by the amount the creditor owes to the debtor, but the parties must be identical. Case cite. Hendrix v. Campbell, 235 N.E.3d 221 (Ind. Ct. App. 2024)...      Related StoriesAssignee Of Judgment Unable To Pursue Collection Absent Order Substituting PartiesBoth An Appeal And A Bond Generally Are Required To Stay Proceedings SupplementalIndiana Has No Deadline To File Proceedings Supplemental ... More
• Indiana Has No Deadline To File Proceedings Supplemental Lesson. There is no limitations period for the initiation of proceedings supplemental in Indiana, assuming the motion is filed within 20 years of the entry of the judgment. Case cite. Converging Capital LLC v. Steglich, 234 N.E.3d 902 (Ind. Ct....      Related StoriesIndiana’s Right Of Setoff And The Mutuality RequirementWhat Is A “Body Attachment” And When Does It Expire?Assignee Of Judgment Unable To Pursue Collection Absent Order Substituting Parties ... More
• 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 StoriesIndiana’s Right Of Setoff And The Mutuality RequirementExpired Judgment Lien Must Be Renewed Before Foreclosure Can OccurAssignee Of Judgment Unable To Pursue Collection Absent Order Substituting Parties ... 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