Mortgage contract’s waiver of right of redemption was unenforceable, so that court’s having authorized foreclosure receiver to sell the property at a private sale without mortgagor’s consent erroneously deprived mortgagor of right of redemption.
Appeals
Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.
H.S. v. K.M.C., No. 62A01-0910-CV-493, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)
When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.
Washington v. State, No. 49A02-0907-CR-649, __ N.E.2d __ (Ind. Ct. App., Mar. 4, 2010)
Warrantless search of vehicle during infraction stop to find a handgun which driver admitted he had and for which he possessed a valid permit violated the Fourth Amendment when the officer lacked an articulable basis of concern for officer safety.
Ault v. Brewer, No. 36A04-0907-CV-407, __ N.E.2d __ (Ind. Ct. App., Mar. 2, 2010)
Guardian’s closure of payable on death accounts to consolidate ward’s finances into a single account was not prohibited estate planning.