STATE OF INDIANA legal advice by benbenzhou

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									STATE OF INDIANA            )                  IN THE ST. JOSEPH CIRCUIT COURT
                            ) SS:              IN THE ST. JOSEPH PROBATE COURT
ST. JOSEPH COUNTY           )                  IN THE ST. JOSEPH SUPERIOR COURT




IN RE: THE MATTER OF                )         CAUSE NO. 71C01-0903-CB-00004
NOTICES FOR MORTGAGE                )
FORECLOSURE AND MOTIONS )
FOR SUMMARY JUDGMENT                )




EMERGENCY LOCAL RULES REGARDING MORTGAGE FORECLOSURE ACTIONS AND
                          MOTIONS FOR SUMMARY JUDGMENT


The undersigned, being the Judge of the St. Joseph Circuit Court, the Judge of the St.
Joseph Probate Court and the Judges of the St. Joseph Superior Court, having considered
the issues related to the increase in the filing of mortgage foreclosure (MF) actions and in
motion for summary judgment in MF actions, the following Emergency Local Rule is adopted
to standardize the protocol among the Courts of St. Joseph County, which is the 60th
Judicial Circuit.




LR71-TR4.9-1002. Temporary Rule Concerning Mortgage Foreclosures on Real Estate.


       A party filing a mortgage foreclosure (MF) cause of action shall cause to be served
on the resident a copy of the Notice Concerning Mortgage Foreclosure, which is attached
hereto and made a part hereof as Appendix A. Should the plaintiff fail to comply with the
rule, the Court may refuse to enter default judgment, refuse to grant judgment on the
pleadings or take similar action until compliance is demonstrated. Additionally, should
plaintiff’s failure to comply with this rule result in additional costs to the defendant, the Court
may order the plaintiff to pay reasonable expenses, including attorney fees, that are related
to the plaintiff’s noncompliance.



LR71-TR56-206.4. Notice to Unrepresented Parties Regarding Trial Rule 56 Motions.
(Revised)


        Notwithstanding any other rule of court, if a party is proceeding pro se and an
opposing party files a motion for summary judgment, counsel for the moving party must
serve a notice upon the unrepresented party as set forth in Appendix B, which is attached
hereto and made a party hereof. The requirement to service Appendix A to the Local Civil
Rules, 200 Series, is vacated.


These emergency local rules are effective instanter, and pursuant to LR71-AR00-1101 shall
remain in full force and effect until December 31, 2009, or adopted as a permanent local
rule.


        Signed the date filestamped hereon.




_________________________________                     _______________________________
Hon. Michael G. Gotsch                               Hon. Peter J. Nemeth
Judge, St. Joseph Circuit Court                      Judge, St. Joseph Probate Court




_________________________________                    _______________________________
Hon. Michael P. Scopelitis                           Hon. David C. Chapleau



                                                 2
Chief Judge, St. Joseph Superior Court          Judge, St. Joseph Superior Court




_________________________________               _______________________________
Hon. Roland W. Chamblee, Jr.                    Hon. J. Jerome Frese
Judge, St. Joseph Superior Court         Judge, St. Joseph Superior Court




_________________________________               _______________________________
Hon. Jenny Pitts Manier                         Hon. John M. Marnocha
Judge, St. Joseph Superior Court                Judge, St. Joseph Superior Court




_________________________________               _______________________________
Hon. Jane Woodward Miller                Hon. Margot F. Reagan
Judge, St. Joseph Superior Court                Judge, St. Joseph Superior Court




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                                           Appendix A


                 NOTICE REGARDING MORTGAGE FORECLOSURE


 READ THE PAPERS ENCLOSED WITH THIS NOTICE – YOU ARE BEING SUED
              AND YOU ARE IN DANGER OF LOSING YOUR PROPERTY


The Courts of St. Joseph County, Indiana require that this notice be sent to you about the
residential foreclosure process. This notice does not contain legal advice, but does provide
important information about your legal options. Please read it carefully.


It is important that you learn about your options in foreclosure proceedings. There are government
agencies, legal aid programs and other non-profit organizations that you may contact for information
about foreclosure. You may also wish to consult with an attorney about these matters.


If you do not take action, you could lose your property. At a minimum, you should file an
appearance form with the Court in the courthouse where your case is pending. An appearance form
can be a letter to the Clerk indicating that you want to be kept informed about your case. If you do
not file an appearance form with the Court, you may not get important notices about your case.
However, even entering an appearance, without filing a written response may not be sufficient to
avoid the entry of an adverse ruling.


To protect your legal rights, you should respond (answer) in writing to the Complaint filed in this
case, either through an attorney or on your own. Failure to file a response is the equivalent of
failing to present any evidence in your favor at a trial. If you do not file a written response with the
Court, the Court may make a decision (enter a default judgment) against you without considering
your evidence or particular circumstances. Please note that the Court will read and consider all
communications it receives from you.




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You should also work with your lender or other person bringing this lawsuit or, if this foreclosure
involves your home, you may wish to contact a HUD-certified housing counselor during this process.



           If this foreclosure involves your home, you may be eligible for the Foreclosure
           Work-Out Program. Information about the program is attached to these papers
           and is also available at the County courthouses in South Bend and Mishawaka,
                                   or on the web at 877gethope.org.




                                     PROCEED WITH CAUTION


You may be contacted by people offering to help you avoid foreclosure. Please follow the following
precautions:
     1. Get legal advice before entering into any deal involving your house.
     2. Get legal advice before paying any money to anyone offering to help you avoid
         foreclosure.
     3. Do not sign any papers you do not understand.




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                                             Appendix B

               NOTICE REGARDING SUMMARY JUDGMENT MOTION


       READ THIS NOTICE AND THE ENCLOSED PAPERS – A MOTION FOR
       SUMMARY JUDGMENT HAS BEEN FILED AND, IF UNOPPOSED, THIS
      MOTION MAY RESULT IN JUDGMENT BEING ENTERED AGAINST YOU
                               WITHOUT A HEARING OR TRIAL.


The Courts of St. Joseph County, Indiana require that this notice be sent to you about the motion
for summary judgment that was filed by the opposing party. This notice does not contain legal
advice, but does provide important information about your legal options. Please read it carefully.


The opposing party has filed a motion for summary judgment pursuant to Indiana Trial Rule 56(C).
The motion alleges that the facts are not in dispute and the Court can rule as a matter of law. The
motion asks the Court to enter judgment in favor of the opposing party without a trial.


As you are not represented by counsel, you are hereby advised of your obligation to respond to the
summary judgment motion. Your previous answer, denial or even counter-claim in response to the
original complaint is not sufficient to defend a motion for summary judgment. Unless you submit
your own affidavits (or other documentary evidence) or a response that specifically identifies
information within the existing court records that contradict the factual assertions of the evidence
designated in the motion for summary judgment and supporting materials, any factual assertions in
our motion and supporting documentation will be accepted by the Court as true. In essence, your
failure to respond to the pending motion for summary judgment would be equivalent to failing to
present any evidence in your favor at a trial.


If you wish to file a response to the motion, the Court must receive your response within thirty-three
(33) days after your opponent’s motion was mailed to you. Failure to meet this timeframe will
result in the Court being unable to consider your response or any attachments thereto.



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Either party may request a court hearing on the summary judgment motion. A written request for a
hearing must be received by the Court no later than ten (10) days after the response was filed or is
due. The hearing will not be a trial, and neither party will be able to present evidence at the
hearing. However, either party may make legal argument and refer to the evidence designated with
the summary judgment motion or with any response. If no request for a hearing is filed with the
Court, the Court may decide the motion without a hearing based on the affidavits and documents
filed by the parties.


Any response or request for hearing must be served (or mailed) on the attorney for the opposing
party. A response (or other pleading) filed with the Court must include a statement that you have
complied with this requirement. Your statement may be in the following form: “I delivered a copy of
this response to (Attorney Name) by United States Mail on this ___ day of ________, 20____.”


As with any legal matter, you may wish to consult with and/or retain an attorney to represent you in
this lawsuit and to assist you in responding to our motion for summary judgment.




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Notice Provided by:
Attorney Name
Law Firm (if any)
Address
Telephone Number


Our Law Firm is a debt collector. This Notice is provided as part of an attempt to collect a debt,
and any information obtained by us will be used for that purpose. As we represent an opposing
party, we cannot provide you with legal advice.




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