Indy Advocate Blog

COLLECTING ON JUDGMENTS IN INDIANA If you are the party suing (“The Plaintiff”) another party that owes you money (“The Defendant”) in court, and you win a judgment will be granted in your favor. The Court will typically order that the Defendant pay you within a given time frame, but what happens if that person does not pay? How can you collect the judgment? Here is some information that can help you on collecting on judgments in Indiana A judgment is good for twenty years i

NEW HOME BUYERS BEWARE BE VERY AWARE! For most Americans, the purchase of a new home is the fulfillment of the American Dream. It’s an opportunity to own a piece of the Earth, an opportunity to build wealth and financial security. But all too often that opportunity turns into a nightmare. Even when you hire real estate professionals to guide you through the maze of potential issues, it’s easy to come out on the short end of the stick. “What could go wrong,” you ask? This

Indiana Mechanic Liens 1. What is a lien, and what does it do? ANSWER: A lien is a right that attaches to the property of another individual or entity. Once a lien is created the lien holder generally has the right to restrict the transfer of title to the property, whether that property is an automobile or a parcel of real estate. 2. How do Indiana mechanic liens differ from other types of liens? ANSWER: Mechanic liens are generally created the minute a contractor provides

EVERYTHING OLD IS NEW AGAIN OR THE CONTRACTUAL DEFENSE OF FORCE MAJEURE MAY BE BACK IN VOGUE An act of God may sound biblical and it may even be biblical, but for lawyers, it has a very contractual meaning. It is generally found in the “Force Majeure” escape clause in some contracts. It is rarely used. In Indiana there are only a handful of cases that even deal with the topic, so finding a way to apply it to our lives in January of 2020 might seem out of place. But in March

Corona Virus ...and your legal cases As of March 16, 2020, it is clear America is in the fight of its life against an invisible foe known as Covid-19 aka the coronavirus. This foreign invader grows faster than compound interest. It is a true monster with exponential superpowers. In the course of 55 days (the number of days since the first American was confirmed to have this virus to now), this virus caused one of the strongest bull markets in stock market history to lose thre

LAND LOCKED IN INDIANA The term “land locked” refers to a parcel of real estate that has no direct access to a public road or highway due to being surrounded by parcels owned by other landowners. This situation is not common but does occur within the State of Indiana as well as all other states within the Union. Since the laws regarding property are specific to each state, this brief article will focus on the solutions to such problems under Indiana law. In a perfect world

FAIR HOUSING COMPLAINT AND SETTLEMENT Have You Been Discriminated Against? Marshall Welton, and Indianapolis businessman and real estate investor, along with eight other defendants (all companies owned by Welton), was recently named a defendant by the Fair Housing Center of Central Indiana as advocate for 12 individual Plaintiffs in a lawsuit filed in June of 2018 in the United States District Court for the Southern District of Indiana. The lawsuit alleged numerous violatio

THE RENT TO BUY “DEAL” No matter what your “rent to buy” contract might say, if it quack’s like a lease, and walks like a lease, then it must be a lease. If it’s a lease, then you’re either a landlord or a tenant. The “buyers” in the Rainbow Realty case entered into a “rent to buy” agreement which contained contractual features that appeared similar to a land-sale contract, but which also included features similar to a lease. The general concept of the agreement was to all

FOR SALE BY OWNER INDIANAPOLIS Is there anything more exhilarating than selling your house without paying a big commission? In 2017 thirteen percent of all home sales in the United States were transacted without a realtor, according to the National Association of Realtors . That equates to approximately 716,300 homes sold without paying a real estate agent, nationwide. So, buyers and sellers are both at risk in the real estate game. Since buyers almost never pay their realto

HOMEOWNERS VS UNSCRUPULOUS HOME IMPROVEMENT CONTRACTORS Each year thousands of Hoosier homeowners fall victim to unscrupulous home improvement contractors. Homeowners frequently report shabby workmanship, unfinished work, over billing, building code violations, high pressure sales, and disappearance upon receipt of down payment money. In a culture where so many have grown accustomed to doing business on a handshake, the unsuspecting homeowner is ripe for the picking, thus th

HOW TO TERMINATE AN INDIANA RESIDENTIAL PURCHASE AGREEMENT Buyers who find themselves shackled to a contract or purchase agreement for the purchase of a new home sometimes wish they could rescind the whole deal. When they tell their Realtor, they want to surrender their earnest money and back out of the purchase agreement, they are often told it’s too late. They are told they will be liable to the sellers for any losses they incur in trying to sell the house to another buyer

Building an energy efficient home is an exciting and sometimes daunting project. Most people in this energy minded century want their home to be as energy efficient as possible within their means. Disputes may arise during the process regarding codes and in particular the 2012 Indiana Energy and Conservation Code “Indiana Code 22-13-5 grants the Building Law Compliance Officer (formerly known as the Building Commissioner) in the Indiana Department of Homeland Security the aut

For one Indiana consumer, doing business with one of Indiana’s largest custom home builders was an absolute nightmare. At the conclusion of the construction process, the builder, Hallmark Homes, Inc., persuaded her to sign a “zero punch list” based on the builder’s promise to remediate all problems under the builder’s “bumper to bumper home warranty”. Then when she asked the builder to make good on their promise, the builder told her those issues weren’t covered under the w

It is fundamental that sellers are motivated to get the highest price whenever a sale takes place. This is true for almost everything, including real estate. Conversely, buyers want to purchase for the lowest price. Everyone engaged in a real estate purchase wants to buy low and sell high. This fact of human nature sometimes causes people who are generally law abiding citizens to engage in conduct that is intended to deceive, especially sellers who need to sell their home. R

Homeowners in Indiana are protected from unscrupulous contractors by a consumer protection statute called the Indiana Home Improvement Act. The statute can be found at I.C. 24-5-11-1 . While this statute is designed to protect homeowners, it can be difficult to read and comprehend. One of the more confusing aspects of this statute is that it does not tell the consumer what to do if the contractor they are working with violates the statute. In order for the consumer to take ac

Under Indiana law suppliers of labor, materials and equipment have the right, under certain circumstances, to hold and enforce a mechanic lien to insure they are paid for their efforts. Those lien rights can be quite vexing for the property owner, when payment issues arise. In order to avoid the problems associated with mechanic liens, property owners and general contractors may specify in their contracts that the contractors and subcontractors waive their rights to record

INDIANA MECHANIC LIEN FOR RESIDENTIAL REAL ESTATE Anyone who deals with the construction or remodeling of a new home in Indiana should have a basic understanding of Indiana’s mechanic lien law. When contractors, suppliers, or equipment rental companies provide labor, material or equipment for the construction or improvement of a residential property, they may have lien rights. If they do not get paid, they may file a lien against the property. The filing of a lien against any

Indiana Mechanic's Lien Statute NUANCES OF INDIANA’S PRE-LIEN NOTICE REQUIREMENTS FOUND WITHIN THE INDIANA MECHANIC’S LIEN STATUTE Indiana, like most states, has enacted a mechanic lien law designed to help insure those who provide labor, material and services on construction projects get paid. The statute found at I.C. 32-28-3-1 through I.C. 32-28-3-18 seeks to protect the contractor rather than the consumer. However, like any good sword, it has a sharp edge that can cut b

You have probably seen ads in the newspaper for living trusts. One of the reasons given is they avoid the need for probate and thus save the attorney fees and costs of probate. The fact is there are other, less costly, alternatives available to you in Indiana. Inexpensive Options To Probate Some of you do not know what probate is, and to understand the alternatives we must start there. Probate is the opening of an estate to collect the deceased person’s assets, pay that perso