January 20, 2015
Whitman on Foreclosing on E-Note
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
January 20, 2015 in Indiana | Permalink | No Comments
November 22, 2013
Indiana Court of Appeals Holds HSBC Assignment Valid Despite Blank and Undated Allonge
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
November 22, 2013 in Indiana | Permalink | No Comments
July 25, 2013
Bates Fails to Shake MERS’ Standing in Indiana Superior Court
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
July 25, 2013 in Indiana | Permalink | No Comments
July 15, 2013
Indiana Supreme Court Allows Citimortgage to Intervene in ReCasa’s Foreclosure Proceeding
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
July 15, 2013 in Indiana | Permalink | No Comments
March 28, 2013
Indiana Superior Court Upholds MERS’ Right to Assign
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
March 28, 2013 in Indiana | Permalink | No Comments
