Fitzwater mercer

Indiana state COVID-19 update provided by Fitzwater Mercer

Posted: 05/21/20

During Indiana Governor Holcomb’s press conference on May 20, 2020, he indicated that he will be issuing a new executive order which further extends the Indiana moratorium on foreclosure initiations and evictions to July 1, 2020.

Post by – Fitzwater Mercer https://www.indylegal.com/

Fitzwater mercer

Indiana state COVID-19 update provided by Fitzwater Mercer

Posted: 05/07/20

On Friday, May 1, 2020, Indiana Governor Eric Holcomb extended the State of Emergency Order to June 4, 2020.  This extension summarily extends the prohibition of initiation of foreclosures and evictions in Indiana.  This is for all residential real estate, and does not provide for any exclusions.  In addition, the Indiana Attorney General had previously issued a statement encouraging Hoosiers to file complaints under EO 20-06 for “initiation” or “continuation” of foreclosure indicating  an interpretation that includes all pleadings filed in foreclosure and not just those pleadings that initiate foreclosure.  https://calendar.in.gov/site/oag/event/ag-hill-report-unlawful-eviction-foreclosure-proceedings-amid-coronavirus-covid-19-pandemic/

Please also note that the Indiana Housing & Community Development has reiterated the Attorney General interpretation advising homeowners “The state of Indiana has halted most court proceedings, including eviction and foreclosure proceedings. Hoosiers who are unlawfully subjected to eviction and foreclosure proceedings during the ongoing public health emergency should file a complaint with the Office of the Indiana Attorney General’s Consumer Protection Division.” https://www.in.gov/ihcda/4464.htm

Post by – Fitzwater Mercer https://www.indylegal.com/

Noonan & Lieberman, Ltd.

Indiana state COVID-19 update provided by Noonan & Lieberman, Ltd.

Posted: 04/27/20

Lake County: Courts have re-scheduled most civil matters to a date after May 4, 2020.  Any hearings that remain scheduled for a date prior to May 4, 2020 will be conducted by video conferencing or telephone.

St. Joseph County (South Bend):  Courts have re-scheduled most civil matters to a date after May 4, 2020.  Any hearings that remain scheduled for a date prior to May 4, 2020 will be conducted by video conferencing or telephone.

Marion County (Indianapolis):  Courts have re-scheduled most civil matters to a date after May 4, 2020.  Any hearings that remain scheduled for a date prior to May 4, 2020 will be conducted by video conferencing or telephone.

Northern District of Indiana:  Civil matters are not suspended.  All civil matters scheduled through May 1, 2020 will be conducted by video conferencing or telephone.

Southern District of Indiana:  Civil matters are not suspended.  All civil matters scheduled through May 1, 2020 may be conducted by video conferencing or telephone, at the discretion of the Judge.

Post by – Noonan & Lieberman, Ltd.www.NoonanAndLieberman.com

Fitzwater mercer

Indiana state COVID-19 update provided by Fitzwater Mercer

Posted: 03/25/20

Indiana Governor Holcomb issued Executive Order 20-06 on Thursday, March 19, 2020 regarding foreclosure and eviction proceedings in Indiana.  The Order set forth in relevant part that no eviction or foreclosure proceedings against residential real estate shall be initiated while the state is still in a state of emergency.  Currently, in Indiana, the state of emergency has been extended to May 5, 2020. The order also set forth that individuals would not be relieved of their duty to make rent and mortgage payments during this time. The Governor’s order did not specifically cover whether pending foreclosures would be allowed to proceed, but the attorney general issued a statement regarding ongoing foreclosure proceedings.

On Friday, March 20, 2020, Indiana Attorney General Curtis Hill issued a statement on his website encouraging residents to report any unlawful eviction or foreclosure proceedings to his office at the Office’s Consumer Protection Division.  Curtis Hill interpreted the Executive Order of the Governor to prohibit the initiation or continuation of eviction or foreclosure proceedings during the public health emergency.  Due to the AG’s interpretation of Indiana Executive Order 20-06, all foreclosure and eviction actions of any type in Indiana are hereby stayed until the end of the Indiana public health emergency, currently May 5, 2020.

Lake County:  Civil matters are not suspended.  Any attorney wishing to appear remotely for status or non-evidentiary hearings between 3/16/20 through 4/17/20 may do so without leave of court upon filing a “Notice of Remote Appearance”.

St. Joseph County (South Bend):  Civil matters are not suspended.

Marion County (Indianapolis):  All civil matters scheduled from 3/16/20 through 4/6/20 will be continued at the discretion of the court.  The Clerk will notify all parties via mail, or electronically if an appearance is on file.

Northern District of Indiana:  Civil matters are not suspended.  All civil matters scheduled from 3/17/20 through 5/1/20 will be conducted by telephone or video-conference.

Southern District of Indiana:  Civil matters are not suspended.  All civil matters scheduled from 3/13/20 through 5/1/20 may be conducted by telephone or video-conference, at the discretion of the Judge.

Post by – Fitzwater Mercer https://www.indylegal.com/