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Recent News
Garnishing the Wages of a Subcontractor
Garnishing the Wages of a Subcontractor: A Case Review of Indiana Surgical Specialists v. Helen Griffin and MDS Courier Service, Inc...
CLIENT ADVISORY
On September 4, 2012, Judge Louis F. Rosenberg, of Marion County Circuit Court issued an order shortening the notice and comment period for proposed amendments to Marion County Small Claims rules. The comment period began September 4, 2012, and will close on October 5, 2012...
CLIENT ADVISORY
Effective July 1, 2012, Title 750 of the Indiana Administrative Code will reflect amendments to the dollar amounts in the Uniform Consumer Code, home loan practices, and bankruptcy exemptions....
Lien Priority
A hotly contested area of mortgage foreclosure concerns the priority between mortgages and mechanics liens. In Provident Bank v. Tri-County Asphalt, Inc., 806 N.E.2d 802 (In. Ct. App. 2004), the Court held that the holder of the mechanic's lien had priority to its improvement, in this instance a driveway, even where the mortgage was recorded prior to the mechanic's lien. To reach this result, the court considered the intent behind I.C. 32-28-3-2, the Indiana mechanic's lien statute, and I.C. 32-21-4-1, the Indiana priority statute. The court reasoned that it could best serve the intent behind both statutes if the proceeds from the sale of the improvement went to the mechanic's lien holder even where the mortgagee had recorded first.
To read more from the Court, click here.