Indiana Commercial Foreclosure Law

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• Affidavit From Subservicer Employee Passes Hearsay Test For Original Lender’s Records Lesson. Loan records created by the originating lender can be admissible in an assignee lender’s lawsuit. Case cite. King v. Nat'l Collegiate Student Loan Tr. 2006-4 232 N.E.3d 646 (Ind. Ct. App. 2024) Legal issue. Whether Lender’s designated loan records,...      Related StoriesMortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Loan Against BorrowerWhat Is A “Body Attachment” And When Does It Expire?Reminder: As A Defendant Lien Holder, Answer The Complaint To Protect Your Interests ... More
• In Indiana, Is “Piercing The Corporate Veil” An Independent Cause Of Action? [Personal and professional commitments have prevented me from posting this past month. Rest assured that I and my beloved blog are alive and well. I wish you and your families a Happy Thanksgiving, and I appreciate you visiting this site,...      Related StoriesIndiana Claims To Pierce The Corporate Veil Should Be Post-JudgmentCollecting From Related Companies - The Two Prongs Of Indiana’s Alter EgoIndiana Federal Court Dismisses Alter Ego Claim Against Affiliated Company ... More
• What Does “Accord and Satisfaction” Mean In The Context Of Cashing A Borrower’s Check? Lesson. Even when a check is cashed and that check contains a notation that cashing it shall be considered “settlement in full” of a disputed debt, accord and satisfaction is not automatic. Case cite. Mayes v. Goldman Sachs Bank USA,...      Related StoriesPrior Replevin Of Manufactured Home Did Not Render Mortgage Fully Satisfied As To the Underlying LandIndiana’s UCC Financing Statement Termination ObligationsDamages Under Indiana’s UCC For Breaching The Peace: Treatment Of Deficiency ... More
• Expired Judgment Lien Must Be Renewed Before Foreclosure Can Occur Lesson. Judgment creditor must obtain an order to renew an expired judgment lien before trying to execute on that lien. Case cite. Chitwood v. Guadagnoli, 230 N.E.3d 932 (Ind. Ct. App. 2024) Legal issue. Whether summary judgment for Plaintiff in...      Related StoriesAssignee Of Judgment Unable To Pursue Collection Absent Order Substituting PartiesBoth An Appeal And A Bond Generally Are Required To Stay Proceedings SupplementalWhat Is “Constructive Notice” In The Context Of Indiana Real Estate Law? ... More
• Mortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Against Borrower Lesson. Assuming a default, a defendant lender need not file a claim to enforce its loan against a borrower to recover attorneys’ fees incurred for litigation impacting its mortgage lien. Case cite. Edgerock Dev. LLC v. C.H. Garmong & Son...      Related StoriesAffidavit From Subservicer Employee Passes Hearsay Test For Original Lender’s RecordsWhat Is A “Body Attachment” And When Does It Expire?When Does The Defense Of “Laches” Apply? ... More
• What Is A “Body Attachment” And When Does It Expire? Lesson. A body attachment is a judicial tool that essentially operates as an arrest warrant for compelling a judgment debtor, who is in contempt, to appear in court. These writs may not issue until a prior “show cause” order to...      Related StoriesAffidavit From Subservicer Employee Passes Hearsay Test For Original Lender’s RecordsMortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Loan Against BorrowerReminder: As A Defendant Lien Holder, Answer The Complaint To Protect Your Interests ... More