In a real estate insurance context, even if a homeowner conceals or fails to disclose the true value or nature of his home, failure to disclose true value will not give rise to a rescission claim; insurance companies are in a better position to accurately ascertain the value of a home than most homeowners and if they don’t ascertain the value of the home, they do so at their own peril.
Appeals
Davis v. State, No. 45A05-1008-CR-502, __ N.E.2d __ (Ind. Ct. App., May 12, 2011)
The “trial court abused its discretion when it allowed a police detective to testify as a skilled witness that the denominations of money found on the defendant were indicative of drug dealing.”
CitiMortgage, Inc. v. Barabas, No. 48A04-1004-CC-232, __ N.E.2d __ (Ind. Ct. App., May 17, 2011)
“Mortgagee” Mortgage Electronic Registration Systems (MERS) was a “mere nominee” and “bare legal title” holder without interest in the property separate from that of the original lender Irwin, and as mortgage provided for notices only to Irwin the lender, and not to MERS, MERS’s assignee Citimortgage was not entitled to have default in the foreclosure of another mortgage vacated on the basis only Irwin and not MERS received foreclosure notice.
Tracy v. Morell, No. 59A01-1009-PL-488, __ N.E.2d __ (Ind. Ct. App., May 19, 2011)
Sale of tractor with altered identification number was subject to rescission on grounds of mistake and public policy, and buyer was entitled to recovery of payments with interest.
Suarez v. State, No. 02A05-1008-PC-508, __ N.E.2d __ (Ind. Ct. App., May 10, 2011)
Defendant should have been provided with a copy of the in-court recording of Spanish interpreter’s guilty plea hearing translations for the defendant, after counsel had detected an irregularity in the translation when listening to the recording.