Federal 7th Circuit Court
Civil Court
Mortgage Foreclosure
The Seventh Circuit considered an appeal in a mortgage foreclosure and collections action and certified two questions to the Indiana Supreme Court: 1) Does Ind. Code ยง 32-30-10-10 prohibit a mortgage lender from foreclosing on a mortgage while simultaneously, in a separate proceeding, suing on guaranties securing the mortgage, and 2) If the answer to the above is yes, may guarantors waive the protection of this statute? (RIPPLE and KOLAR, concurring)