Real Estate Law

Merchants Bank of Indiana v. Craik

Federal 7th Circuit Court
Merchants Bank of Indiana v. Craik
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
No. 25-1798 & 25-1799
Decision Date: 
August 19, 2026
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Questions certified.
Judge: 
MALDONADO

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 § 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)

Village of Dolton v. Stephens-Redeaux

Village of Dolton v. Stephens-Redeaux
Illinois Appellate Court
Civil Court
Equitable Remedies
Citation
Case Number: 
2026 IL App (1st) 251019
Decision Date: 
Friday, August 14, 2026
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
GAMRATH

Plaintiff filed a complaint seeking a judicial deed over an allegedly abandoned property. The trial court entered an order of property abandonment and issued a judicial deed to the plaintiff. Subsequently, the County of Cook filed a petition to intervene, alleging it had purchased the property at a tax sale. The trial court granted the petition to intervene and then granted intervenor’s petition to vacate the judgment and plaintiff appealed. The appellate court affirmed, finding that the trial court did not abuse its discretion under the circumstances and that section 2-1401, as an equitable remedy, allowed the trial court to vacate the prior order when new facts came to light. (PUCINSKI and HYMAN, concurring)