Showing posts with label Madison County local procedure. Show all posts
Showing posts with label Madison County local procedure. Show all posts

Foreclosure sales - Madison County, Indiana

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Finding information on Madison County's Sheriff's sales is not so easy, as I found out in the past half hour. First, the Madison County Sheriff decided that his website looks good in the same brown used in their uniforms. Dark brown with black lettering does not work with my aging eyes. Luckily there is a search function and this is this blog. Here are two direct links needed for finding out about Madison County foreclosures:
  1. General information on sale procedures: Sheriff Sale Procedures

  2. Sheriff Sale Newsletter
Tip for anyone interested in buying real estate at a sheriff's sale but from outside of Madison County: take a look at the web pages for your local sheriff to see if that county has its sheriff sale information online.
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Madison County news: Indigent cases and forms

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With absolutely no fanfare or information given to the local attorneys, the judges of the Madison County Unified Courts have set up a process for dealing with indigent (pauper) custody cases. Actually, a bit more than just custody cases. You can also apply for a court appointed attorney for your civil case (that is anything that is not a criminal case).

You go up to the Court Administrator's Office on the fourth floor of the Madison County Government Center, and tell them that you are indigent. If it is a custody case, you get a form petition and an affidavit to prove you are indigent. Now the online Merriam-Webster dictionary defines indigent as being impoverished. That could mean most of Madison County, Indiana but it certainly means being something more than just between paychecks.

Now Indiana has long had a statute allowing for appointing an attorney for poor people in a civil case. I think Madison County has actually done something innovative here by creating a process for implementing the statute. We will see how much dedication they put in carrying out the statute to its fullest.

This statute may still impinge on those who are not indigent. At least Judge Brinkman requires the indigent affidavit if you are seeking to waive the filing fee in a case. A client of mine lacked the $132.00 for court costs and I filed a request that the court costs not be paid up front. Judge Brinkman declined to do so until the indigency affidavit was signed and filed. The moral of this story is: do not file in Madison County unless you have the filing fee in full or are truly indigent.
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Mortgage foreclosures in Madison County

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This letter from the Madison County Clerk caught my eye. I emphasized the part below that caught my eye (my apologies for the formatting):

CLERK of the MADISON CIRCUIT COURT


April 20, 2007

Ludy Watkins, Madison County Clerk

Re: Mortgage Foreclosures


To Whom It May Concern:


Do to our Local Rules and the large number of Mortgage Foreclosures we are going to change our way of filing Foreclosures. After May 1, 2007 you will no longer be able to specify the court in which you want to file in. We will be doing the Mortgage Foreclosures on a rotation system. Superior I, Superior III, and Circuit courts will be included in the rotation. All other filings will remain the same.
Take this as a sign of our local economy. What impresses me with this change in procedure is that we have had large numbers of foreclosures in this county for most of the past twenty years. I read this to mean that we are having even more foreclosures than we have had. Not good, folks, not good at all.

How this ties into the subprime lending (see my post here on that subject) I have no good answer but some guesses. Subprime mortages target those borrowers whose income and credit history make them a risky bet. That could describe quite a few residents of Madison County. So, there may be a connection.
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