Indiana Commercial Foreclosure Law

Recent Blog Posts

• 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 StoriesWhat Is A “Body Attachment” And When Does It Expire?When Does The Defense Of “Laches” Apply?Reminder: As A Defendant Lien Holder, Answer The Complaint To Protect Your Interests ... 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 StoriesMortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Loan Against BorrowerReminder: As A Defendant Lien Holder, Answer The Complaint To Protect Your InterestsLender Permitted To Pursue Third Foreclosure Case Because The Two Prior Actions Were Dismissed “Without Prejudice” ... More
• When Does The Defense Of “Laches” Apply? Lesson. Laches, based on the maxim that equity does not aid those who slumber on their rights, does not apply to claims for the recovery of money (i.e. promissory note enforcement). The doctrine of laches may come into play in...      Related StoriesAnother Indiana Decision Concerning Attorney’s Fees In A Foreclosure ActionMortgage Lender Entitled To Attorneys’ Fees Despite Not Foreclosing Loan Against BorrowerPrior Replevin Of Manufactured Home Did Not Render Mortgage Fully Satisfied As To the Underlying Land ... More
• Marion County (Indianapolis) Sheriff's Office Updates Teena Willard, who essentially headed up the Marion County Civil Sheriff's foreclosure division, retired in June. We wish Teena well. Lesley Lavender and Funke Idowu have taken over the reins. All emails must be sent to them at: [email protected]. The...      Related StoriesIBJ.com: Owner Of 27-story Downtown Indianapolis Apartment Tower Faces $101M Foreclosure LawsuitNotices of Sheriff’s Sales: Some RemindersOne Indiana Square (aka Regions Tower) Subject Of Foreclosure Action ... More