Kroger Gardis & Regas, LLP
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 …
Notarize & Prove Recorded Documents in Indiana Effective July 1, 2020Read More
Indiana doesn’t look kindly upon cognovit notes, even though its neighbor, Ohio, routinely uses them. In fact, Indiana’s dislike of cognovit notes is demonstrated by the existence of an Indiana statute providing it’s a Class B misdemeanor to procure, retain possession of, or attempt to recover upon a promissory note with a cognovit provision in …
Formed in 1974, the American College of Mortgage Attorneys (ACMA) is comprised of more than 400 lawyers in North America who are experts in mortgage law. Madalyn S. Kinsey focuses her practice in the representation of financial institutions in commercial lending transactions, real estate financings, work-outs, floor plan financings, aircraft financing, and bank regulatory matters. …
Madalyn Kinsey attended the Annual ACMA meeting as State ChairRead More
A lender’s priority in mortgaged commercial property can evaporate when the owner fails to pay property taxes. While a lender can preserve its mortgage interest in the property by insuring payment of the property taxes prior to a tax deed being given to a tax sale purchaser, it becomes progressively more expensive to preserve the …
Mortgaged Property Sold at Tax Sale – What’s a Lender to do?Read More
Madalyn S. Kinsey is attending the 2017 Annual Meeting of the American College of Mortgage Attorneys (“ACMA”) at the Omni Grove Park Inn & Spa in Asheville, North Carolina, September 14-16. Madalyn is ACMA’s Indiana State Chair and one of only three ACMA Fellows practicing in the State of Indiana.
Selling real estate is the largest financial transaction most people undertake. In order to maximize their return, some sellers misrepresent the condition of their property—often to their own peril. The importance of being accurate when advertising your property for sale was recently addressed in Cheng Song v. Thomas and Theresa Iatarola, 2017 WL 1908400, _____ …
Accuracy is key when it comes to selling real estateRead More
We often counsel consumer and commercial clients on property rights. Often, those discussions begin with a primer on property law. This blog entry breaks down mechanic’s liens. In prior entries, we first discussed types of ownership estates as well as the method of ownership and then discussed the forms of deeds, mortgage rights and responsibilities. …
We often counsel consumer and commercial clients on property rights. Often, those discussions begin with a primer on property law. This blog entry breaks down the types of ownership estates as well as the method of ownership. In subsequent weeks we will post entries on forms of deeds, mortgage rights and responsibilities, mechanic’s liens, construction …
