In Indiana, a seller ordinarily must foreclose on a land contract buyer, who has defaulted under the land contract. Generally, the seller cannot evict the buyer, or seek forfeiture. The distinction being made here is between the remedies of foreclosure versus forfeiture. This distinction looms large in Indiana. In 1973, the Indiana Supreme Court, in […]
Quitclaim Deeds vs. Warranty Deeds
There are essentially two types of deeds by which a property owner can transfer real estate in Indiana. A Quitclaim Deed transfers real estate to the new owner (the “transferee”), but the transfer is limited to the ownership interests actually held by the transferor. If the transferor holds no interests in the real estate, then […]
When Does a Tresspasser Become a Squatter
At what point does a “trespasser” become a “squatter” from a legal perspective? If someone breaks into a vacant house or empty apartment and spends the night on the floor, they are clearly a trespasser. But what if that trespasser stays a week? A month? Or longer? What if that person moves in furniture? Starts […]
INreia Meeting – May 15, 2012
May 15, 2012 meeting Details: http://myinreia.com/ Attorneys Drew Stobel and Matthew Griffithwill be speakers at the May 15 meeting of the Indiana Real Estate Investors Association. Drew will be discussing the recent changes to the Marion County Small Claims Courts. Matt will be presenting the first part of his lecture on Essential Asset Protection. Additionally, there will be other professional speakers on […]
Do I Have to Reveal Ghosts In My Property
Does Indiana law require a landlord or property manager to disclose to a tenant that a house is “haunted?” Is a seller or a real estate agent required to disclose that a home is the site of a suicide or homicide? Believe it or not, these are questions that are asked of the attorneys at […]
Mechanic’s Lien Basics
The very best way for a contractor to get paid on a remodeling or construction job is to get paid in advance, partly or completely. In other words, get a deposit or partial payment in advance. The second best way to assure payment is to have a well-drafted, contractor-friendly written agreement signed by the general […]
Nearly 200 New Laws Are Passed in Indiana
Each year, 10,000’s of new statutes, rules and regulations are passed into law. Then, there are 1,000’s of changes in case law and appellate decisions interpreting the 1,000,000’s of existing statutes, rules and regulations. No one lawyer knows the law. That is humanly impossible. Yet, you, as a citizen, are expected to know and follow […]
NEW LAW Requiring Affidavit of Debt for Account Disputes
In 2011, Indiana saw many new laws enacted. Certain Indiana Trial Rules and Indiana Small Claims Rules were also amended. In 2011, the Indiana Supreme Court amended Indiana Trial Rule 9.2 and Indiana Small Claims Rule 2 to require creditors to file an Affidavit of Debt along with the Notice of Claim if the amount […]
NEW LAW Regarding Security Deposits and Motor Vehicle Liens
Prior to 2012, a landlord could require a lien on a motor vehicle owned by a tenant as a security deposit or to secure payment of rent by the tenant. On July 1, 2012, a new law went into effect that prohibits landlords from requiring a lien on a motor vehicle owned by a tenant. […]
Changes to Indiana’s Home Improvement Laws May Affect Contract Language for Indiana Contractors and Repairmen
The Indiana legislative body enacted changes last summer to Indiana’s Home Improvement Laws that now require specific contract language for small business owners working with consumers’ homes. Whether your company does plumbing, drywall, roofing, remodeling, painting, or any other type of home-improvement, the new laws require contracts to contain word-for-word language. For contractors and repairmen […]