Asset Recovery, Blog
How long does it take to foreclose a commercial mortgage in Indiana?
The timing of the foreclosure process primarily depends upon whether and to what extent the borrower/mortgagor contests the proceeding. Obviously, this is difficult to predict. But in very general terms, a contested foreclosure takes 6 to 9 months at a minimum to complete, from the date the Complaint is filed to the date of the sheriff sale. Step by step, the process is: 1. Commence the foreclosure with a Complaint. Indiana is a judicial foreclosure state, so the foreclosure process officially starts with the filing of a complaint, which must allege the existence of a promissory note or other obligation payable to the plaintiff, a mortgage that secures its repayment, and that the mortgagor has defaulted. McEntee v. Wells Fargo Bank, N.A., 970 N.E.2d 178, 182 (Ind. App. 2012), citing Ind. Code § 32-30-10-3(a). In addition to the borrower/mortgagor, all other defendants who may have an interest in the mortgaged property must be named. 2. Service of process: issued by the clerk of the court. If process is by certified mail, process server, or sheriff, service is typically completed 5-10 days after the Complaint is filed. Service by publication takes at least 30 days, and must be supported by affidavit. See generally Indiana Trial Rule 4. 3. Appearance of counsel: a notice of appearance for mortgagor/borrower (and any other defendants) must be filed 20-23 days after service of process, and will typically be accompanied by an initial 30-day extensions of time to respond to the Complaint. In some counties, the first 30-day extension is granted automatically…
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Indiana’s New Physician Orders for Scope of Treatment (“Post”) Law
Planning end of life medical treatment for seriously ill patients – Indiana’s New Physician Orders for Scope of Treatment (“Post”) Law Indiana’s new Physician Orders for Scope of Treatment (“POST”) was passed into law on July 1, 2013. This newly enacted law, Indiana Code 16-36-6, et seq., establishes a form to document a patient’s treatment preferences, or their desire to decline certain treatments, into a medical order that physicians can follow. In order to be eligible to complete a POST form an individual must be a “qualified individual”. In order to be qualified the individual must (1) have an advanced chronic progressive illness; (2) an advanced chronic progressive frailty; (3) a condition caused by injury, disease or illness from which there could be no recovery and death will occur within a short period of time; or (4) a medical condition that, if the person were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful. The POST form is given to an eligible individual for contemplation and discussion with family members and will include the following: (1) a medical order specifying whether CPR should be preformed if a patient is in cardiac arrest; (2) a medical order concerning the level of medical intervention to be provided to a patient including comfort measures; (3) a medical order that specifies whether antibiotics should be provided to the patient; and (4) a medical order that specifies whether artificially administered nutrition should be provided to the patient. A POST form cannot be required of an eligible individual. However, if an…
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