Ellis v. M & I BANK, 960 N.E.2d 187

In 2006, Judy and Robert Ellis quitclaimed Bayhill Way to BGB so BGB could pledge it to First Indiana Bank; BGB leased it back to the Ellises for five years.
BGB defaulted on the line of credit; M & I Bank (successor to First Indiana Bank) foreclosed in Hamilton County in 2009 with foreclosure decree in 2010.
Ellises filed bankruptcy in 2010; the stay was lifted in July 2010, and M & I Bank obtained the Bayhill Way property via sheriff’s sale in September 2010.
Hamilton Superior Court issued a writ of assistance, with stay on the writ, noting Judy Ellis’s interest was not extinguished by foreclosure.
In February 2011, Marion Superior Court granted M & I Bank an Order of Possession based on the Ellises’ lease not being assumed by the bankruptcy trustee; Ellises moved to correct error, which was denied, leading to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Marion County order of possession was proper.	Ellis argued lack of personal jurisdiction and improper timing of actions.	Bank contends proceedings were proper; lease breach due to non-assumption allows eviction.	Affirmed; order of possession proper and no abuse of discretion.

Deutsche Bank Nat'l Trust Co. v. Mark Dill Plumbing Co., 903 N.E.2d 166 (Ind. Ct. App. 2009) (foreclosure effects on junior interests; title and liens)
Citizens State Bank of New Castle v. Countrywide Home Loans, Inc., 949 N.E.2d 1195 (Ind. 2011) (unextinguished interests when not joined in foreclosure)
Catterlin v. Armstrong, 101 Ind. 258 (1885) (rights of unjoined parties in foreclosure; strict foreclosure concept)
Jefferson v. Coleman, 110 Ind. 515 (1887) (principle that rights of junior incumbrancers may be barred by foreclosure)
Loeb v. Tinkler, 124 Ind. 331 (1890) (strict foreclosure context against unjoined parties)
ABN AMRO Mortg. Grp., Inc. v. Am. Residential Servs., LLC, 845 N.E.2d 209 (Ind. Ct. App. 2006) (procedure for strict foreclosure where junior lienholders are not joined)