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Appraiser has no duty of care to real estate seller

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Scott Roberts for www.theindianalawyer.com

The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.

BSA Construction LLC entered into an agreement to sell residential real estate to Lilia Lopez. Lopez received financing from Bank of America pending a final appraisal, which was done by Jimmie Johnson of LandSafe. The purchase price was agreed at $60,000 but Johnson only appraised the property for $50,000, and thus Bank of America denied financing. BSA appealed the bank’s decision but the bank upheld it.

BSA then filed suit against Johnson in Hendricks County, and the case was transferred to Marion County. Johnson filed for summary judgment and moved to strike numerous evidentiary items BSA had designated. The court granted the motion to strike and summary judgment, and BSA appealed.

BSA claimed Johnson owed them a duty of care on negligence principles, but the COA disagreed, saying Johnson’s duty of care was to the bank that hired him, not BSA. “In an arms-length transaction like the one here, we cannot conclude that Johnson had any duty to serve two masters with conflicting interests. Whether Johnson was bound by or aware of the code of ethics of a professional association, or knew that a poor appraisal might be associated with the real estate for some period of time, does not change the fundamental arrangement of the duties at issue here,” Judge L. Mark Bailey wrote for the panel. “Johnson’s duty was to the bank and as a matter of law cannot — because of the contradictory interests at issue — have extended to BSA.”

BSA also claimed Johnson’s appraisal amounted to fraud, but Bailey wrote that BSA never took any action after the appraisal after Johnson was appointed and the risk of an unfavorable appraisal was already known to BSA.

Finally, BSA claimed slander of title, but Johnson did not affect BSA’s ownership of the property, just the monetary value.

The case is BSA Construction LLC v. Jimmie E. Johnson, 49A02-1506-CT-749.

 

St. Mary’s Hospital for Women & Children Birth Records

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Holly and Cameron Reine, Evansville, son, Connor Michael, May 7

Emily Young, Oakland City, Ind., son, Bishop Joseph, May 8

Ashlee and Dalton Ireland, Evansville, daughter, Ayla Mae, May 8

Katelyn Walsh and Zacheriah Hust, Evansville, son, Abraham Orion, May 8

Rachael and Christopher Gibson, Evansville, son, Matthew Jaceb, May 9

Danielle Harpe and David Flota, Evansville, son, Samwise Lawrence, May 9

Sara and Nathan Wood, Evansville, son, Kayson Lee, May 9

Carissa and Adam Shiyab, Evansville, daughter, Halle Adam, May 9

Stephanie Davenport and Nathaniel McGill, Newburgh, Ind., daughter, Aria Dawn, May 9

Myiona Payne-Brown and Andrew Frieson, Evansville, son, Andrew James Jr., May 9

Michelle and Chad Young, Evansville, daughter, La’Chelle Lee, May 10

Kathleen and Nicholas Sokeland, Evansville, son, Henry Audubon McGinnis, May 10

Amber and Josh Martin, Patoka, Ind., daughter, Madisyn Kay, May 10

Bonnie and Robert Woodham, Evansville, daughter, Raelynn Michelle, May 11

Jamie Mason and James Price II, Evansville, daughter, Mieah Grace, May 11

Kaylah Goines and Terry Ealum, Evansville, daughter, Kaiyah Nicholle, May 11

Erin and Ryan Hilsmeyer, Huntingburg, Ind., daughter, Jocelyn Nicole, May 12

Alyssa and Timothy McGuire, Henderson, Ky., daughter, Elise Anniston, May 12

Brittney Eatherly and James Yarbrough, Mount Vernon, Ind., son, Kaide Michael, May 12

Katie and Kyle Rudolph, Evansville, son, Caleb Reed, May 13

Sarah and Mark Vyvoda, Mount Vernon, Ind., daughter, Evalyn Jayne, May 13

Adopt A Pet

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Carson is a 2-year-old male Chihuahua. He’s a shy boy who may need a kid-free home to be most comfortable. He’s crate-trained, rides well in the car, and loves his blanket, teddy bear, and toys! Adopt Carson for only $120. He’s compact & move-in ready TODAY! Call (812) 426-2563, visit www.vhslifesaver.org, or stop by Tuesday-Saturday 12-6 for adoption information!

 

FUN IN THE SUN FOR CHILDREN THIS SUMMER

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New Report Shows Indiana Debt Among Lowest in the Nation

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Indianapolis – Governor Mike Pence touted the state’s prudent fiscal management, following the publication of Moody’s annual Investor Service State Debt Medians report. According to the report, while states like Illinois and California are struggling with large amounts of public debt, Indiana’s tax-supported debt ranks among the lowest in the nation.

“Keeping a strong handle on our tax-supported debt is a mark of good day-to-day public service, and proves we’re managing our state budgets with prudent fiscal management and responsibility,” said Governor Pence. “Over the past decade, our state has established a history of being a good fiscal steward for the people of Indiana, and this report is just another indicator that we are consistently honoring that trust.”

While other states are struggling with increasing public debt per capita to grow their economies, Indiana is growing and diversifying its economy in a way that efficiently manages its existing tax base. Unlike other states, Indiana has not over committed the revenue it takes in from taxpayers.

“In keeping our tax-supported debt low, Indiana can be more flexible and nimble in reacting to market and economic changes, including weathering emergencies or capitalizing on opportunities in an economic expansion,” said Dan Huge, director of the Indiana Finance Authority.

Citizens in neighboring Illinois, for example, are burdened with $2,522 of tax-supported public debt per household. Whereas in Indiana, tax-supported debt ranks in at $463 per Hoosier household.

“In a nutshell, the data shows Indiana is growing its economy without financially strapping future generations,” said Mark Pascarella, director of debt management with the Indiana Finance Authority.

 

The Moody’s report was developed based on an analysis of calendar year 2015 debt issuance and fiscal year 2015 debt service. Indiana was also noted in the report for its AAA credit rating, another indicator of Indiana’s smart financial management.

 

The report in full can be found attached.

Attempt to Identify

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The EPD is asking for the public’s help in identifying the image of a young female that is shown below. This female is possibly a witness to an incident and the EPD would like to speak to her.

If anyone has knowledge about the identity of this female or contact information for her, please call the Evansville Police Department at 812-434-8255 or the WeTip line at 1-800-78-CRIME.

 

Vanderburgh County Democratic Party Calendar of Events 5/16/2016

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Wednesday,
May 18th		 Fundraiser 5:30 PM – 7:30 PM Ben Shoulders for County Commissioner Fundraiser

  • Location: Home of Nancy & Michael Drake – 510 SE Riverside Dr  – Evansville, IN
  • Cost: $100 per person
  • RSVP: shouldersforcommissioner@gmail.com or (812) 202-9384
Friday,
May 20th		 Fundraiser TBA USW Golf Scramble for John Gregg for Governor Golf Scramble

  • Location: Eagle Valley Golf Course – 10350 Petersburg Rd – Evansville, IN
Saturday,
May 21st		 Fundraiser 5:00 PM – 8:00 PM John Gregg for Governor Fundraiser

  • Location: Steve Moore’s Barn – 6620 Carson School Rd – Mt. Vernon, IN
  • Cost: $20 per person
Thursday,
May 26th		 Fundraiser 8:00 AM Vanderburgh County Democratic Party Golf Scramble

  • Location: Cambridge Golf Club – 1034 Beacon Hill Rd – Evansville, IN
  • Cost: $75 per person.  Sponsorships available.
Saturday,
June 11th		 Fundraiser Shotgun Start
9:00 AM		 Posey County Democratic Party Golf Scramble

  • Location: Countrymark Golf Course – 1200 Refinery Rd – Mt. Vernon , IN
Saturday,
June 11th		 Fundraiser 7:00 AM – 4:00 PM Shannon Edwards for County Recorder Rummage Sale Fundraiser

  • Location: Mill Rd –  Evansville, IN
  • To donate items, call Shannon @ (812) 306-8741
Friday,
June 17th		 Fundraiser 7:30 AM – 9:00 AM Steve Melcher’s 25th Annual Freedom Labor Breakfast

  • Location: Fraternal Order of Police – 801 Court Street – Evansville, IN
  • Cost: $75 per person
  • Sponsorships Available
Thursday,
August 11th		 Fundraiser 5:00 PM Missy Mosby’s Annual 39th Birthday Party

  • Location: Fraternal Order of Police – 801 Court St – Evansville, IN
Saturday,
September 10th		 Fundraiser TBA Rick Riney for Perry Township Trustee Annual Fish Fry

  • Details TBA

USI BB receives bid to NCAA II MW Regional

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The 21st-ranked University of Southern Indiana baseball team received an at-large berth to the NCAA Division II Midwest Regional as the fourth seed. The regional will be hosted by top-seeded Quincy University May 19-23 at QU Stadium.

The Screaming Eagles are making their sixth appearance in the Midwest Regional in the last 10 seasons and their 12th appearance overall in the NCAA II Tournament. USI has won the Midwest Regional three times (2007, 2010, 2014) and the NCAA II National Championship twice (2010, 2014).

USI’s (33-19) first round opponent is fifth-seeded Missouri University of Science & Technology (35-17). First pitch for USI’s first round game is to be announced and will be a match-up of the Great Lakes Valley Conference’s 2016 divisional winners.

In addition to the USI-Missouri S&T match-up, top-seeded Quincy (37-16) is scheduled to start the regional against eighth-seeded Alderson Broaddus (31-19); second-seeded Grand Valley State University (35-16-1) plays seventh-seeded Hillsdale College (32-22); and third-seeded University of Indianapolis (37-19) plays sixth-seeded Ashland University (31-20).

The automatic qualifiers in the regional are UIndy (GLVC), GVSU (Great Lakes Intercollegiate Athletic Conference), and Alderson Broaddus (Great Midwest Athletic Conference).

Regional champions will advance to the double-elimination championship finals May 28-June 4 at the USA Baseball National Training Complex in Cary, North Carolina. The finals will be hosted by Mount Olive College and the town of Cary, North Carolina. More information about the NCAA II Baseball Tournament can be found at NCAA.com.

 

Sewing Guild meeting

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The Tri-State Chapter of the American Sewing Guild will meet Tuesday May 24  at McCollough Branch Library’s Community Room on Washington Avenue east of Washington Square Mall.  This will be a Community Service  “sew in”.
Mary Fogel from God’s Little Angels will lead us in sewing  be-reavement gowns for infants. The gowns will be distributed as needed to  area hospitals .
Kits will be provided.  Bring a sewing machine or serger .   We also need people to do hand work of beading, lace, ribbons.
Doors open at 5:30 p.m. with the meeting from 6-745p.m.
Visitors are welcome.
For more information, call 812-568-2515   or email Evansville@asg.org..

Aces pick up 4-3 Senior Day win over SIU

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  Seniors accounted for four of UE’s five hits on Sunday as the University of Evansville ended a six-game skid with a 4-3 victory over visiting Southern Illinois at Charles H. Braun Stadium.

“This was a big win for us, and we really needed this one too,” said Shain Showers, who was one of eight seniors honored prior to the contest. “It’s a great feeling, and hopefully it will ignite something in the team. Maybe we can get some momentum going as we head into Indiana State next week and the conference tournament the following week.”

The win, which saw UE move to 26-23 on the season and 8-10 in Missouri Valley play, was the first for UE since a 5-1 decision over Murray State on May 3. Meanwhile, the Salukis dropped to 30-20-1 overall with an 11-7 league mark.

After each team was held scoreless over the opening two frames, the Aces got on the board with a pair of scores in the third. Nate Reeder started things off with a leadoff walk, and after stealing second, a Showers single and SIU error allowed him to touch home to draw first blood. Boomer Synek followed up with a single in the ensuing at-bat to double the advantage.

Reeder also led off the fifth with his first career home run to make it 3-0. The freshman out of Shawnee, Kan., is the 13th different Ace this season to leave the park, which matches the total of the 2001 UE squad. Every Aces hitter this season has now registered at least one home run.

Eric McKibban capped a 14-pitch at-bat with a single an inning later, and he would later score on a wild pitch as UE extended its lead to 4-0.

Singles from Will Farmer and Dyllin Mucha cut the deficit in half for SIU in the seventh, and they would score another unearned run in the eighth before Ryan Brady ended the game with a strikeout in the ninth to record his third save of the season.

Austin Allinger tossed four scoreless frames to open the game for the Aces, and Brent Jurceka became the first UE pitcher to pick up six victories this season after giving up two runs (one earned) over 2.1 innings.

UE will return to action on Thursday as Aces are set to close out the regular season with a three-game set at Indiana State.

 

NOTES: UE has homered 47 times this season, which is the most since leaving the park 53 times in 2010 … This weekend marked the 123rd, 124th and 125th meetings between SIU and UE since the Aces started playing at the Division I level in 1978 … In those games, UE is 59-66 … The Aces have taken home 2-1 series victories over the Salukis in each of the past three seasons … The first meeting between the two sides came with a 7-4 SIU win back in 1947, and UE wouldn’t log its first win in the series until a 9-3 decision in 1956 … Since 1978, UE is 247-219 against Illinois schools, which includes a 8-6 mark this season.

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