Indiana Commercial Foreclosure Law
Recent Blog Posts
- Notices of Sheriff’s Sales: Some Reminders I received an email last week from the Marion County (Indianapolis) Sheriff’s Office advising that the real estate division “is making advancements in technology” that have led to a new notice of sheriff’s sale. Click here for the form in... Related StoriesReplevin Action To Repossess Model Of Picasso Sculpture SucceedsApparent Windfall Not Enough to Set Aside Federal Foreclosure Sale or Negate Deficiency JudgmentFederal Foreclosure Sale Upheld – 15% Of Fair Market Value Did Not “Shock The Conscience” ... More
- Indiana Claims To Pierce The Corporate Veil Should Be Post-Judgment Lesson. A veil-piercing claim is a post-judgment collection tool, not a separate cause of action in a lawsuit. Case cite. Conroad Associates v. Castleton Corner Owners Association et. al. 2023 U.S. Dist. LEXIS 135677 (S.D. Ind. 2023) Legal issue. Whether... Related StoriesCollecting From Related Companies - The Two Prongs Of Indiana’s Alter EgoIndiana Federal Court Dismisses Alter Ego Claim Against Affiliated Company ... More
- Forbearance Agreements: The Benefits Of A Timeout The Indiana Bankers Association publishes the Hoosier Banker magazine, which features my article about forbearance agreements in the current issue. Click here for the online version of the piece. The full article follows. I'd like to thank the folks at... ... More
- Metes And Bounds Legal Descriptions, As Opposed To Street Addresses, Control The Effectiveness Of Mortgages In Indiana Lesson. So long as the legal description in a mortgage provides notice of the boundaries and location of the subject real estate, discrepancies regarding the street address are of no moment. Case cite. United States Bank Nat'l Ass'n v. Spencer,... Related StoriesPrior Replevin Of Manufactured Home Did Not Render Mortgage Fully Satisfied As To the Underlying LandWhat Is “Constructive Notice” In The Context Of Indiana Real Estate Law?Indiana's Mortgage Release Obligations ... More
- Lender Permitted To Pursue Third Foreclosure Case Because The Two Prior Actions Were Dismissed “Without Prejudice” Lesson. A lender’s motion for voluntary dismissal of a foreclosure lawsuit, without prejudice, generally leaves the door open to file a subsequent action. Case cite. United States Bank Nat'l Ass'n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023) Legal... Related StoriesWhat Is The “Protecting Tenants at Foreclosure Act” And Does It Apply To Foreclosures On Multi-Family Properties?Indiana Court Discusses Test For Recovery Of Attorney's Fees In Action Against GuarantorBefore You File, Review For “Personally Identifiable Information” and Redact: Indiana... More
- One Indiana Square (aka Regions Tower) Subject Of Foreclosure Action Various media outlets are reporting that our firm's office building in downtown Indianapolis is being foreclosed upon. (We're just a tenant and paying our rent, so this isn't our fault!) The articles, in part, suggest looming problems with the office... Related StoriesFrom Dreams to Deals: Avoiding Pitfalls in Commercial Real Estate FinancingCriminal Fraud Arising Out of Civil Title/Foreclosure DisputesATTOM: U.S. Foreclosure Activity Sets Post Pandemic Highs in First Quarter of 2022 ... More