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Basic Foreclosure Process/Timing in Indiana
Need a handle on how long it will take to liquidate your borrower's collateral in Indiana? Since the foreclosure process officially starts with the filing of a complaint, my timelines start there. A complaint cannot be filed until there has been a default under the terms of the real estate mortgage ...
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Statutory Disposition of Foreclosure Sale Proceeds
When foreclosing on a borrower's loan collateral, it's no secret that banks and commercial lending institutions ultimately are seeking money. Normally, they hope to dispose of the collateral and, ideally, become whole from the proceeds of the sale. A senior lienholder will obtain most, but not all, ...
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Motion for Summary What
If you've heard colleagues or your lawyer mention a 'motion for summary judgment' and wondered what exactly it was, allow me to shed some light on the subject in the context of an Indiana commercial foreclosure. A motion is a request by a party for the trial judge to do something ? in this case ...
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What Are Statutes and Which Ones Apply to Indiana Commercial Foreclosures
A statute is a law, or a set of laws, established by the legislative branch of the government. In Indiana, the General Assembly (http://www.in.gov/legislative/) is our state's legislature. Indiana's statutes are contained in the Indiana Code (http://www.state.in.us/legislative/ic/code/), ...
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Deeds In Lieu Of Foreclosure - Who, What, When, Where, Why and How
In the event a loan becomes non-performing, commercial lending institutions that hold mortgages in Indiana need to be familiar with deeds in lieu of foreclosure. Who. The parties to a deed in lieu are the mortgagor (generally, the borrower) and the mortgagee (usually, the lender). Both sides must ...
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Yield Maintenance Fees-Part II: Applying Indiana Law
This is the second of a two-part article dealing with yield maintenance fees in the context of Indiana commercial foreclosure law. In Part I, I summarized the only three Indiana cases on point. I?ll now apply that case law and, given the rules, explore some of the decisions commercial lenders may ...
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Proofs Of Claims In Indiana Bankruptcy Courts - 6 Things To Remember
Although my blog primarily is devoted to issues surrounding Indiana state court foreclosure and lien enforcement actions, some discussion of bankruptcy matters will be warranted. This is because, not infrequently, a real estate foreclosure or UCC lien enforcement proceeding that starts in state ...
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How Much Should A Lender-First Mortgagee Bid At An Indiana Sheriff's Sale?
Your lending institution has an Indiana decree of foreclosure related to commercial real estate. You have reason to believe the judgment amount exceeds the value of the collateral, so you want to preserve the right to collect the deficiency from the borrower or a guarantor. If you're wondering how ...
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What If A Borrower Ignores A Lender's Foreclosure Suit?
Can a borrower in default simply disregard a lawsuit? Of course not. If the plaintiff/lender properly serves the borrower with a Summons and the Complaint, and if the borrower/defendant takes no action, then the borrower will face a "default judgment." A July 23, 2007 opinion from the U.S. District ...
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What is a Pre-Foreclosure? How Do I Purchase? How Much Risk is Involved?
Indiana foreclosure listings also contain homes in preforeclosure. Preforeclosure is the beginning stages of the foreclosure process. When a homeowner fails to make payments on their property, the lender serves the homeowner with a Notice of Default, or a LisPendens. A Notice of Default alerts the ...
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