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Restitution to Hoosiers could exceed $2M, impact at least 2,800 Indiana borrowers INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller today announced Indiana’s participation in a $470 million joint state-federal settlement with mortgage lender and servicer HSBC to address mortgage servicing and foreclosure abuses during the financial crisis. There were 2,830 eligible Indiana borrowers whose loans were serviced by HSBC and who lost their homes to foreclosure from Jan. 1, 2008 through Dec. 31, 2012 and encountered servicing abuses who will be eligible for payments out of the $59.3 million fund set aside for restitution nationwide. If all potential claims are submitted, total payments to Hoosiers harmed by HSBC’s conduct could exceed $2 million. In addition to direct payments to borrowers in Indiana and other states for HSBC’s past foreclosure abuses, the settlement also provides loan modification and other relief for borrowers in need of assistance and requires HSBC to comply with more rigorous mortgage servicing standards in the future. Government entities participating in the settlement include Indiana and 49 other states, the District of Columbia, the U.S. Department of Justice (DOJ), the U.S. Department of Housing and Urban Development (HUD) and the U.S. Consumer Financial Protection Bureau (CFPB). “During the worst of the financial crisis, Hoosier borrowers struggling to stay afloat and keep their homes all too often faced illegal abuses from lenders and mortgage servicers,†Zoeller said. “Today’s settlement will hold HSBC accountable for its past abusive practices and provide monetary relief to those who experienced the most harm.†Payments to borrowers and loan modification Indiana borrowers eligible for restitution will be contacted through the mail from the HSBC settlement administrator about how to qualify for payments. The borrower payment amount will depend on how many borrowers ultimately file claims. Zoeller said his office will alert the public again when these mailings go out and will be available to answer any questions at that time. The HSBC agreement also requires the company to provide certain Indiana borrowers with loan modifications or other relief. The modification process, which HSBC chooses through an extensive list of options, can include principal reduction and refinancing for underwater mortgages. HSBC decides how many loans and which loans to modify, but must meet certain minimum targets. Because HSBC receives only partial settlement credit for many types of loan modifications, the settlement will provide relief to borrowers that will exceed the overall minimum amount. Mortgage Servicing Standards The settlement requires HSBC to substantially reform the ways in which it services mortgage loans, handles foreclosures and ensures the accuracy of information provided in federal bankruptcy court. The terms will prohibit past foreclosure abuses, such as robo-signing, improper documentation and lost paperwork. The settlement’s consumer protections and standards include:
HSBC Agreement Closely Mirrors National Mortgage Settlement The agreement’s mortgage servicing terms largely mirror the 2012 National Mortgage Settlement (NMS) reached in February 2012 between the federal government, 49 state attorneys general, including Indiana, and the five largest national mortgage servicers. That agreement provided consumers nationwide with more than $50 billion in direct relief, created new servicing standards and implemented independent oversight. A subsequent state-federal agreement with SunTrust Mortgage Inc. worth nearly $1 billion was announced in June 2014. Independent Monitor The National Mortgage Settlement’s independent monitor, Joseph A. Smith Jr., will oversee HSBC agreement compliance for one year. Smith served as the North Carolina Commissioner of Banks from 2002 until 2012, and is also the former Chairman of the Conference of State Banks Supervisors (CSBS). Smith will oversee implementation of the servicing standards required by the agreement and issue public reports that identify whether HSBC complied or fell short of the standards imposed by the settlement. If HSBC is alleged to have violated terms of the agreement, the states and federal agencies can seek relief through the court. Additional Terms The agreement resolves potential violations of civil law based on HSBC’s deficient mortgage loan origination and servicing activities. The agreement does not prevent state or federal authorities from pursuing criminal enforcement actions related to this or other conduct by HSBC, or from punishing wrongful securitization conduct that is the focus of the Residential Mortgage-Backed Securities Working Group. Additionally, the agreement does not prevent any action by individual borrowers who wish to bring their own lawsuits. The agreement will be filed as a consent judgment in the U.S. District Court for the District of Columbia. “Unwinding the damage caused by unethical practices in the mortgage lending and mortgage servicing industry has taken several years of persistent effort by my office and our state AG colleagues in other states; and we hope that through these enforcement actions, vulnerable consumers will be less likely to be exploited in the future,†Zoeller added. Struggling homeowners can seek free legal advice from the Indiana Foreclosure Prevention Network at www.877gethope.com or from Indiana Legal Services, which recently received a grant from the AG’s Office to support its foreclosure prevention services and debt counseling programs. Zoeller thanked Deputy Attorneys General Tom Irons and Justin Hazlett for their work on this case. |
Indiana part of $470M settlement with HSBC to address mortgage, foreclosure abuses during financial crisis
Dr. Bucshon Mourns Loss of Governor Whitcomb
Congressman Bucshon with Governor Whitcomb on March 28, 2014
(WASHINGTON, DC) – Eighth District Congressman Larry Bucshon, M.D. posted the following statement mourning the loss of former Indiana Governor Edgar Whitcomb to his Facebook page: 
“Governor Ed Whitcomb was truly a remarkable man. He bravely served our country during WWII and was a committed public servant to the Hoosier state as governor. I recently read his book ‘Escape from Corregidor’. It was an inspiring tale about his courage, bravery, and experience escaping capture in WWII. I’m saddened to hear of his passing and join all Hoosiers in mourning the loss of a true American hero.â€
Court orders portion of roof removed due to trespass
Jennifer Nelson for www.theindianalawyer.com
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
Liter’s of Indiana purchased property next to that owned by Earl Bennett and his half-brother Daniel Bodine, where Bennett lived with his wife. The roof of Bennett’s home extended over his property line by two feet into the property owned by Liter’s, which it was developing in a residential neighborhood. Liter’s erected a “spite fence†made of chain link to mark its property and also constructed a basin on its property to collect water for drainage.
Liter’s sued Bennett and Bodine seeking to enjoin and recover damages for continuing trespass on its property; the defendants counterclaimed, alleging nuisance since Liter’s had erected the spite fence. They also alleged that the company had negligently designed its subdivision and that the post-development surface water runoff from the property would flood the defendants’ property.
A jury ruled in favor of Liter’s on its trespass claim, but awarded no damages. It found for the brothers on their nuisance claim, but also awarded no damages. The jury ruled in favor of the brothers on their negligence claim, awarded more than $51,000 to each brother.
“[U]nder the common enemy doctrine, it is not unlawful for a landowner to accelerate or increase the flow of surface water by limiting or eliminating ground absorption or changing the grade of the land, even if it causes water to stand in unusual quantities on the adjacent land or to pass into or over the adjacent land in greater quantities or in other directions than the water did before. In order to impose liability for surface water discharge, it must be collected on the Liter’s Property and cast off in concentrated volumes onto the Appellees’ Property. More importantly, the distinction lies in the character of the flow as it enters the adjoining property,†Judge Patricia Riley wrote in Liter’s of Indiana, Inc. v. Earl E. Bennett and Daniel L. Bodine, 39A05-1408-PL-401.
“Admittedly, there was a lot of conflicting evidence offered by both parties. Some witnesses testified in a manner favorable to Liter’s and others favorable to the Appellees. However, as the reviewing court, we respect the jury’s exclusive province to weigh conflicting evidence.
From the evidence of the case — though not free from conflict — the jury reasonably determined that the construction of Liter’s undersized basin led to the casting off of surface water in concentrated volumes onto the Appellees’ Property. In this regard, we find that the common enemy doctrine does not preclude the Appellees’ claim of negligence against Liter’s, and we affirm the trial court.â€
The judges remanded to the trial court with instructions for the issuance of a permanent injunction requiring the brothers to remove the unpermitted portion of Bennett’s roof that extends over Liter’s property. The continued existence of the roof extending to the neighboring property is a continuing trespass, the court held.
EPD Detective Jack Spencer elected to Bicycle Indiana Board
Evansville Police Department Detective Jack Spencer has been elected to the Bicycle Indiana Board of Directors. The mission of the Bicycle Indiana is to promote biking as a way of transportation and exercise, provide bike safety education, and advocate on behalf of bicyclist across the state.
Detective Spencer also serves on the Evansville Bicycle Friendly Community Task Force. As an instructor for the Law Enforcement Bicycle Association, Detective Spencer has trained and certified over 200 area Bike Patrol Officers.
We are proud to have Detective Spencer representing our agency and our region on this statewide board.
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UE Swimming and Diving heads over to Carbondale to face SIU
Both teams to face Salukis on Saturday
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Fresh off of victories last weekend, the Purple Aces swimming and diving teams will complete the regular season on Saturday with a trip to Carbondale, Ill. to face Southern Illinois.
Set for a 10 a.m. start, the meet will feature events that will be just a bit shorter than usual with conference championships right around the corner.
Last weekend, the men’s team earned wins over Ball State and Valparaiso while the women completed their home slate versus the Crusaders with a 184-74 win.
In the final home meet, Michaela Kent had a stellar day for UE. She took top honors in the 50 free race with a time of 24.36 to finish ahead of teammate Abby Smith. Kent picked up another victory in the 100 free as her time of 53.70 was over a second ahead of teammates Mackenzie Harris and Kristen Myers.
Kent also helped the Aces to a pair of relay victories. Kent, Smith and Harris joined up with Charlotte Lechner to win the 200 medley relay in 1:51.50, over two seconds ahead of second place. Smith, Harris and Kent joined Madi Jones in the 200 free relay, winning my nearly five seconds with their effort of 1:39.75.
Lechner also had a nice day of her own, posting a 1:01.29 in the 100 fly to edge out teammate Kasey Rein. She also picked up two more victories. In the 50 fly, her 28.49 was almost a second ahead of the competition while her time of 2:15.11 was over six seconds ahead of Valparaiso in the 200 IM.
Freshman Amy Smith brought home a pair of victories for the Purple Aces. In the 50 breaststroke, her 32.72 edged out Valpo by 0.36 seconds while her time of 1:10.73 in the 100 breaststroke helped her edge out the competition.
Madi Jones picked up a win over her on in the 200 free. Her 1:59.59 was over four seconds ahead of Valparaiso. Taylor Davidson also picked up a win, taking top honors in the 100 backstroke, posting a 1:01.84 while Kristen Myers led a trifecta for UE as they swept the top three spots in the 50 back.
The men had a stellar day of their own. Several Aces picked up victories, beginning with the 200 medley relay. Ethan O’Rourke, Everett Plocek, Matt Duke and Matt Childress won by over three seconds with their time of 1:34.99. In the 200 free relay, O’Rourke, Duke and Childress teamed up with Everett Plocek to win by almost three seconds, finishing with a time of 1:26.49.
O’Rourke picked up a nice win in the 50 backstroke. His 24.34 was 1.36 ahead of second-place Reid Mobley. He also grabbed the win in the 100 back as his 52.00 was 3.01 ahead of the rest. Childress came home victorious in the 50 free, running a quick 22.19.
Dan O’Brien came home with a pair of victories on Saturday. In the 50 fly, he won with his 23.39 while he took top honors in the 100 fly, finishing in 52.01. Three others picked up wins on Saturday, including Plocke. He swam a 48.49 in the 100 free. Troy Burger won the 200 IM in 2:01.76 while Jared Sutphin posted a 4:58.90 to defeat teammate Andrew Cotton.
In diving, Courtney Coverdale took the win in both the 1 and 3-meter dives. Her score in the 1m was a 277.87 while her 3-meter final was a 245.70. Miguel Marcano won the 1-meter men’s dive with his effort of 234.97 while Cory Barnes won the 3-meter dive with a 268.65.
Aces home to face Missouri State on Saturday
Game set for 11 a.m.
 An early-morning game is on tap for the University of Evansville men’s basketball team as the Purple Aces welcome Missouri State to the Ford Center for an 11 a.m. game.
The Missouri Valley Conference TV Network will broadcast the game. It will be carried live on Fox Sports Network in the Evansville area.
Sixteen lead changes took place as the Purple Aces fell by a final of 57-54 to UNI on Wednesday night. Trailing by as many as 11 in the first half, Evansville rallied back to go up by as many as four points in the second half. Egidijus Mockevicius recorded his 19th double-double of the season, which is tied for the most in the NCAA; he finished with 14 points and 13 rebounds, both game highs. Adam Wing finished the night with ten points, hitting 4 of his 6 attempts.
D.J. Balentine now stands at 2,262 career points jumped past Larry Humes into second place on the all-time Aces scoring list with his 18-point effort versus Wichita State. Balentine is also just 18 away from breaking Colt Ryan’s program mark of 2,279.
Egidijus Mockevicius is also within shouting distance of the top spot on the Aces’ all-time rebounding list. The senior has 1,122 boards in his career and is 88 behind Dale Wise’s mark of 1,197, which was set in 1961.
Missouri State comes to the Ford Center with a 10-13 mark, but are over .500 in the Valley, standing at 6-5. The Bears have won their last two games, both at home, defeating Illinois State and Bradley.
Three players average double figures, led by Dequon Miller, who stands with 12.7 points per game and will be one of the major favorites to be the MVC Newcomer of the Year. Camyn Boone checks in with 11.4 PPG, he also leads the squad with 6.3 rebounds per contest; Boone notched 18 points and 8 rebounds in the victory over the Braves. Chris Kendrix was the top scorer for MSU last time out, notching 21 points in a 77-71 triumph over the Braves on Tuesday evening.
The Bears hold a slight 33-30 edge in the all-time series against the Purple Aces, but UE has won three in a row. Evansville has been victorious in eight of the last 11 games against MSU and is 19-10 in home contests.
Indiana State Police Reminds Drivers to Celebrate Responsibly this Super Bowl
Indiana State Police Reminds Drivers to Celebrate Responsibly this Super Bowl
The Indiana State Police, in partnership with the Governor’s Council on Impaired & Dangerous Driving and the Indiana Criminal Justice Institute (ICJI), would like to remind all Indiana motorists to celebrate this year’s Super Bowl responsibly, by driving sober and safe.
“Whether it’s the Super Bowl or any other event, please remember that alcohol, drugs and driving aren’t in the athlete’s playbook and it shouldn’t be in yours’ either,†said Indiana State Police Superintendent Doug Carter. “Alcohol drugs and driving are a deadly combination to be avoided regardless of the occasion, so do your part to keep Indiana roads safe and have a designated driver.â€
During the 2015 Super Bowl weekend (6:00 p.m. Jan 30 through 5:59 a.m. Feb. 2), there were nearly 740 traffic collisions in Indiana. Of those, 45 were alcohol-related, with 60 percent involving a driver with a blood alcohol content of 0.08 or greater. In total, there were 14 injuries and 0 deaths as a result of alcohol-related accidents.
“Accidents involving impaired drivers is something we can all prevent,†said Council Chairman, Todd Meyer. “Together, we can work to keep each and every motorist safe during Super Bowl weekend.â€
The Indiana State Police, the Governor’s Council, and ICJI would like to remind motorists that accidents and deaths resulting from impaired driving can be prevented with the following precautions:
BEFORE THE CELEBRATION BEGINS
      plan a safe way home
Do not drive impaired Â
If you do drink, use a taxi, public transportation, ridesharing service or designate a sober friend or family member, and give them your keys
If you see a drunk driver on the road, call 911
If you know someone who is about to drive or ride impaired, take their keys and help make arrangements to get them home safely
Aces fall 66-52 at Bradley
Sara Dickey and the University of Evansville women’s basketball team got off to a quick start on Friday night at Renaissance Coliseum, but unfortunately for the Purple Aces, host Bradley was able to weather the storm and pull away with the 66-52 victory.
Dickey, who hit her first three shots from distance on the night, was held to just four points after the opening 10 minutes as she went on to lead the Aces with 13. The Montezuma, Ind., native has 1,494 points for her career, which ranks third all-time in the Aces history books.
Dickey’s hot start helped the Aces (2-19, 1-9 Missouri Valley) grab a 16-4 lead midway through opening quarter, but turnovers ultimately proved deadly as Braves defense buckled down and forced 27 miscues in the contest.
Camille Coleman was the only other player in double figures for UE, coming off the bench to score 11 on 4-for-8 shooting. Meanwhile, Jordan Campbell made the most of her second career start, ending the night with eight points.
The Braves (6-15, 2-8 MVC) were led by the reserve duo of Leti Lerma and Tamya Sims, who came off the bench to score 16 and 12 points, respectively. Anneke Schlueter chipped in another 13 to go along with four steals, and Sameia Kendall added five points and five steals.
Collectively, the Aces actually outrebounded BU 35-24, but the Braves held the edge in turnovers (27-12) and field goal percentage (.463-.422)
UE will be back in action on Sunday as the team hits the road for Chicago for a 2 p.m. tipoff at Loyola.