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Notarize & Prove Recorded Documents in Indiana Effective July 1, 2020
Effective July 1, 2020 A recent change to Indiana Code section 32-21-2-3(a), which takes effect on Wednesday, July 1, requires all written instruments (such as deeds, mortgages, powers of attorney, affidavits, and any other documents that must be recorded in an Indiana county recorder’s office) to be both notarized and proved. Without going into the nitty gritty details (you can find those on the “directive” from the Indiana State Bar Association ), every recorded instrument must now include a witness statement to prove that the person whose signature is notarized signed and delivered the instrument in the witness’s presence (and the witness’s signature must also be notarized).
Blog, News
Our Community
The lawyers and staff of Kroger Gardis & Regas, LLP were shocked and appalled at what happened to George Floyd. But it’s not enough to be appalled and to hear the pleas for change; meaningful reform is necessary. We express our sincere hope for a peaceful week and ask our elected leaders to reflect, listen and act thoughtfully on the many issues which face our city, our state and our nation. We all must work together to end the violence, disparagement and lack of understanding, recognize we have serious issues to address, and to thoughtfully heed the calls for justice and unity in our community. As a firm established to advocate for the rights of all citizens we fervently support those expressing their right to speak out individually, and to assemble collectively, to demand an end to the racial injustice so prevalent in our society. Our community’s leaders must heed the call to end disparate treatment of minorities by our law enforcement ranks and immediately begin the process to permanently change how we protect and serve our neighbors, with the active input of those most affected by the disparities. We are in this together. While we don’t have the answers, we want to help find them. Calls for the immediate establishment of a task force to address these issues is a sound one, and we stand ready to support and participate in that effort. Kroger Gardis & Regas has been located in the heart of our Indianapolis urban core for more than 80 years. We aren’t…
Blog, Business, News
COVID-19 AND CONTRACT BREACH
With the American economy grinding almost to a halt due to the Covid-19 Virus and the accompanying onslaught on National, State and local directives and executive orders restricting, and in some cases, preventing the operation of many businesses, performance of contracts by the affected business owners has become all but impossible for reasons totally beyond their control. These owners have contacts with key employees, contracts to supply goods, real estate leases requiring them to be open for business, contracts to manufacture and supply goods to others, franchise payments, product warranty repair claims in areas where travel is restricted, and the list goes on and on. The business owner asks “Am I liable for not doing something I can’t do, even if I want to do it”. As with so many other things in the law, there is no bright line test to answer the question, its fact sensitive and more than one legal principle needs to be considered if the business owner is to be rescued from liability. The law (and in most cases – Indiana) recognizes several defenses to enforcement of a contract against a party who, through no fault, cannot perform. In summary, these are (i) Force Majeure, (ii) Impossibility of Performance, (iii) Commercial Frustration and (iv) Impracticability of Performance. Of these defenses, only Force Majeure is a defense which must arise from the terms written into the written contract. Force Majeure – Is Covid 19 an Act of God? Indiana has few cases discussing force majeure. A force majeure clause is a “contractual provision allocating the…
Blog, News
COVID-19: Does Your Family Have A Plan
Everyone should have a durable health care power of attorney in place and a living will. The COVID-19 pandemic makes me anxious and when I’m anxious, I need to channel that anxiety into action. You probably do, too. Your first action, of course, should be to follow the advice of public health professionals. Diligently wash your hands, self-isolate as long as we’re under restrictions, and stay at least 6 feet away from others if you have to go out. Doing so greatly reduces your risk of contracting or spreading the COVID-19 virus, according to the epidemiologists. But that doesn’t help you plan for unexpected outcomes and longer-term issues that affect your finances and your family’s well-being. My advice is to give some thought to the following: What would happen if you were unable to make or communicate financial and personal decisions for several weeks due to a critical illness? Are you the family’s bill-payer? Does anyone else know the log-in and password information for your on-line utility accounts, or your bank account, in case you’re incapacitated? If you became sick suddenly, and were away from your home for an extended period, who would take care of your child, pet, or mail? How would your bills get paid? One positive action you can take while you’re working from home is to plan and prepare for your family’s future by completing a few key estate planning documents. Having your wishes documented and having a formal plan to manage family finances and everyday needs should be a crucial first…
Blog, News
Paycheck Protection Program
Enacted as part of the CARES (Coronavirus Aid, Relief, and Economic Security) Act, Congress has created a new program to support small businesses and their employees during the COVID-19 crisis. The Paycheck Protection Program (PPP) authorizes almost $350 billion in forgivable small business loans that are designed to help small businesses pay their employees, keep the lights on, and help weather the crisis. Generally, all businesses with 500 or fewer employees are eligible to apply. This includes self-employed individuals and independent contractors. There are exceptions for certain industries with more than 500 employees based on SBA size standards. The loans are designed to be used for payroll costs, mortgage and rental obligations, and utility costs in the 8-week period after the loan is made. For non-payroll costs, the mortgage, rental, and utility obligations must have existed before February 15, 2020. In order to have the loan forgiven, proceeds must be used for the above obligations and borrowers must not reduce their full-time employee headcount, decrease compensation by more than 25% for any employee making less than $100,000 in annualized income, and they must have restored full-time employment and salary levels by June 30, 2020. Key things to know: Applications for small businesses were scheduled to open on April 3rd, 2020, although the timing may be pushed back as many banks are waiting for additional guidance from the SBA. Interested businesses can apply through any SBA lender, or any participating federally insured depository institution, federally insured credit union, or Farm Credit System institution. Applications for independent contractors…
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