New Changes in Indiana Foreclosure Law

By Zarksis Daroga, Esq. This past legislative session, the Indiana House and Senate passed two bills that will affect Indiana foreclosures. The two bills passed both the House and Senate and are before the Governor for his signature. The bills will become law in Indiana once signed by the Governor and will take effect as…

The Burden of Proof in Case of a Lost Note

By Larry R. Rothenberg, Esq. It is well-established that creditors bear the burden of proof in foreclosure actions, to establish that they are entitled to enforce the promissory note.  Borrowers’ attorneys are routinely challenging the creditors on this issue, and even in uncontested cases, the courts are applying strict scrutiny to the evidence before granting…

Compliance Challenge.

Things are slow at Anthrax Research Federal Credit Union, so the CEO, Hugo Bostonian, decides to start an indirect lending program.  He enters into an agreement with Ray Slick, owner of Crazy Ray’s Used Cars in Anthrax County.  Ray agrees that he will write the loans on credit union paper and do all the member…