Comprehensive Creditors Rights Representation Throughout the State of Indiana
Muncie, Indiana • (765) 282-9501
Recent News
Office Closure for the Holidays
The office will be closed on the following dates: December 24th, December 25th, December 26th, December 31st after noon, and January 1st...
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...
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.