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 …
Title Commitments A-Z
So you’re buying your first apartment building or commercial property and you receive a copy of title commitment. Now what? A title commitment shows the current state of title as identified by the title examiner. It consists of three parts: Schedule A: This part of the commitment represents the basic facts of the transaction, including …
Out-of-state Sellers will soon be required to remit Indiana sales tax
The collection and remission of sales tax changed dramatically after the South Dakota vs. Wayfair decision by the US Supreme Court in June 2018. Now, states can collect sales tax from out-of-state sellers even if the seller has no physical presence in the state. The law goes into effect on October 1, 2018 and requires …
Out-of-state Sellers will soon be required to remit Indiana sales taxRead More
Announcing Our 2018 Super Lawyers
We are pleased to post that the following attorneys from the firm have been selected to the 2018 Indiana Super Lawyers and the Indiana Super Lawyers Rising Stars list. Each year no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. William …
The Residential Renewable Energy Tax Credit is back!
The Residential Renewable Energy Tax Credit is back pursuant to the Congressional budget compromise reached last night. What this means for homeowners is that if you are considering upgrading your heating and cooling system to geothermal, you now could get up to a thirty percent federal income tax credit on the amount you spend. A …
The Residential Renewable Energy Tax Credit is back!Read More
Accuracy is key when it comes to selling real estate
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
FEMA Plans to Suspend Flood Insurance Policy Renewals in Indianapolis
With FEMA’s announcement that it plans to suspend flood insurance policy renewals and new applications in Indianapolis, it’s important to discuss why flood zones* matter and how to protect yourself when buying real estate. An ALTA/ACSM Survey should disclose whether the property is located in a flood zone and its zone classification. In addition, FEMA …
FEMA Plans to Suspend Flood Insurance Policy Renewals in IndianapolisRead More
Landlords with blanket criminal bans now violate the Fair Housing Act
On April 4, the Federal Department of Housing and Urban Development issued a guidance detailing the agency’s interpretation of how the fair housing law applies to Landlord policies that exclude people with criminal records, a group that is not explicitly protected by the Act but falls under it in certain circumstances. In this incredible pronouncement, …
Landlords with blanket criminal bans now violate the Fair Housing ActRead More