Editor: David Reiss
Brooklyn Law School

January 20, 2015

Whitman on Foreclosing on E-Note

By David Reiss

Professor Dale Whitman posted a commentary on Good v. Wells Fargo Bank, 18 N.E.3d  618 (Ind. App. 2014) on the Dirt listserv. The case addresses whether a lender foreclosing a mortgage securing an electronic note must provide proof that it … Continue reading

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January 20, 2015 in Indiana | Permalink | No Comments

November 22, 2013

Indiana Court of Appeals Holds HSBC Assignment Valid Despite Blank and Undated Allonge

By Devon Avallone

In Buchanan v. HSBC Mortg. Servs., 993 N.E.2d 275, 2013 Ind. App. LEXIS 404, 2013 WL 4507932 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that HSBC had the right to foreclose on the homeowners’ mortgage, dismissing homeowners’ … Continue reading

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November 22, 2013 in Indiana | Permalink | No Comments

July 25, 2013

Bates Fails to Shake MERS’ Standing in Indiana Superior Court

By Devon Avallone

In Bates v. MERS, et al., 49D12-0911-CT-051734 (June 22, 2012) Bates filed suit against MERS and several lenders in the mortgage industry on behalf of all counties in Indiana, alleging that the MERS system is an attempt to falsify records … Continue reading

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July 25, 2013 in Indiana | Permalink | No Comments

July 15, 2013

Indiana Supreme Court Allows Citimortgage to Intervene in ReCasa’s Foreclosure Proceeding

By Devon Avallone

In Citi v. Barnabas, 975 N.E.2d 805 (Ind. 2012), the Indiana Supreme Court held that Citimortgage had a right to intervene in ReCasa’s foreclosure proceeding and sale since Citi held a first mortgage on the property, reversing the decision of … Continue reading

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July 15, 2013 in Indiana | Permalink | No Comments

March 28, 2013

Indiana Superior Court Upholds MERS’ Right to Assign

By Gloria Liu

The Bank of New York Mellon v. Michael R. Green, Case No. 41D01-0901-MF-00027, Johnston Superior Court (Sept. 20, 2010), held that Bank of New York Mellon‘s mortgage is enforceable and that MERS as the mortgagee, had the right to assign … Continue reading

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March 28, 2013 in Indiana | Permalink | No Comments