Rent-To-Buy Contract Argued Before Indiana Supreme Court

first_imgJustice Geoffrey Slaughter asked, “What are the terms of the second contract, is it even in the record?”Mulvaney replied it was not included, to which Chief Justice Loretta Rush noted few of Rainbow’s clients were successfully completing the terms of the 24-months and getting to the second contract.“Well, the fact that they get there or don’t get there really isn’t important,” Mulvaney said.Jon Laramore, executive director of Indiana Legal Services, told the court the rent-to-buy contract was structured to avoid the consumer protections offered in the state’s Landlord-Tenant Act, Indiana Code section 32-31-3-7. Although the contract is structured to mimic or look on paper like a sale, he said, the provisions make the agreement a lease.“This is really set up to avoid the habitability protections that the Legislature has decided should apply in situations like this,” Laramore said. “The Legislature says you have to provide habitable housing and that right cannot be waived.”Slaughter quarried Laramore as to the court’s role in the dispute. “Why shouldn’t we conclude that this transaction was carefully structured in such a way, with clever lawyers to avoid the application of the statute,” Slaughter asked. “They found a loophole. The responsibility for closing that loophole belongs with the Legislature and not with us. What is wrong with that approach?”Laramore replied, “I would suggest that’s not consistent with the Legislature’s intent in this statute. The Legislature passed a very broad law. The definition of ‘rental agreement’ is very extremely broad. It covers many things and the exceptions are very narrow.”Video of the oral arguments is available here. FacebookTwitterCopy LinkEmailShare Marilyn Odendahl for www.theindianalawyer.comA dispute that could have a far-reaching impact on the sizable rent-to-own housing market in the Hoosier state was presented to the Indiana Supreme Court on Thursday morning with attorneys arguing over the nature of the rent-to-own contract.The case, Rainbow Realty Group, Inc. and/or Cress Trust v. Katrina Carter and Quentin Lintner, 19S-CC-00038, has zigzagged its way through the state court system. After Center Township Small Claims Court in Marion County granted Rainbow’s petition for possession and damages of the home that had been occupied by Katrina Carter and Quentin Lintner, the Marion Superior Court granted summary judgment to the couple. However, the Indiana Court of Appeals reversed, finding Rainbow was selling, not renting, the property to the couple.Along the way, the case has attracted attention. The Indiana Attorney General and the city of Indianapolis each filed amicus curiae briefs in support of Carter and Lintner as did the Indiana Association of Community Economic Development, the Neighborhood Christian Legal Clinic, the Economic Justice Project of Notre Dame Clinical Law Center and National Consumer Law Center, and the Fair Housing Center of Central Indiana.Carter and Lintner signed a rent-to-own contract with Rainbow in 2013 for a home on the east side of Indianapolis. The couple was responsible making the $549 monthly payments, at in interest rate of 16.3 percent, along with all repairs to the residence, which had no electricity, plumbing or locks on the doors. When Carter and Lintner fell behind in their payments, Rainbow eventually started eviction proceedings.Representing the couple, Indiana Legal Services contended the contract Carter and Lintner signed was a rental agreement and Rainbow violated the state’s landlord-tenant act by not providing a habitable residence. For the first 24 months, the couple were to make monthly payments but would not build equity in the property and would be subject to eviction, not foreclosure, if they failed to meet their financial obligations.Rainbow countered the agreement was a contract of sale with the first two years of payments serving as the down payment on the home. Then the agreement would convert to a land sales contract.During oral arguments, Rainbow counsel, Karl Mulvaney, partner at Bingham Greenebaum Doll LLP, reiterated the contract was a purchase agreement and, therefore, not covered by the landlord-tenant act.Justice Mark Massa seemed skeptical, asking Mulvaney, “If you’re going to do it that way, why not sturcutre it as a land contract? I mean, this is chock full of terms (like) rent, landlord, eviction, proceedings. I mean, how is this not a rental agreement when it’s full of terms like that?”Mulvaney responded the seller was very clear at the beginning that the payment would be applied to the overall sales contract. The first 24 months of payments were part of the financing arrangement because the couple did not have to provide a down payment.The justices then pressed the attorney on what comes next with the second contract. Mulvaney argued the second contract was part of the “overall integrated transaction.”last_img read more

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Indonesia reports new H5N1 death

first_imgAug 4, 2008 (CIDRAP News) – An official from Indonesia’s health ministry recently confirmed that a 19-year-old man died from an H5N1 avian influenza infection.Nyoman Kandun, director general of communicable diseases at the health ministry, said the man died last week in a hospital west of Jakarta, according to an Aug 2 report from the Associated Press (AP).The man, a cargo worker, died in Tangerang, a suburb of Jakarta, Xinhua, China’s state news agency, reported yesterday. If his death and another reported last month are confirmed by the World Health Organization (WHO), the man would be listed as Indonesia’s 137th H5N1 case and its 112th death.Media reports gave no details about the source of the man’s infection or whether his personal contacts have undergone medical evaluation.The confirmation of the man’s death by an Indonesian health official appears to deviate from the country’s recent policy of foregoing official announcement of H5N1 cases as they occur, opting instead for periodic updates. In early June, health minister Siti Fadilah Supari said the country would announce cases at longer intervals, perhaps as long as 6 months, according to previous reports.Though Indonesia’s stance appears to raise questions about its compliance with International Health Regulations, WHO officials have said its relationship with the country remains good and that the delay in reporting has not hampered the ability to conduct joint investigations into Indonesian H5N1 cases.Healthcare workers and family members alerted the media about Indonesia’s last H5N1 case, that of a 38-year-old man who reportedly died on Jul 10. However, a health ministry spokeswoman declined to confirm the case and said officials would release the information in an H5N1 case update at the end of July. No updates appear to have been posted on the government’s health ministry or avian influenza Web sites.Also, it’s not clear if Indonesia has notified the WHO about the two cases. The WHO has not yet confirmed the illness and death of either man, so for now the group still lists Indonesia’s case count as 135 cases and 110 deaths. Indonesia leads the world with the most H5N1 cases and fatalities.The WHO’s world H5N1 count stands at 385 human cases and 245 deaths.See also:Jun 5 CIDRAP News story “Indonesia quits offering prompt notice of H5N1 cases”last_img read more

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A place for downsizers and young professionals to call home

first_img More than 150 new homes for Wooloowin Belle Property residential sales consultant Daniel McGahan, who is marketing the project, said the developers, Carbone Developments, had sought a site on Keona Rd for some time because of it location. Carbone Developments’ Keona Rise development will consist of townhomes designed for owner occupiers and investors.A new residential development will deliver six land blocks and 14 townhouses to Brisbane’s McDowall by the middle of next year. “High-end finishes and striking facades combined with open-plan designs and large courtyards will provide a point of difference compared with existing dwellings in the local area and all at an affordable price point.”Mr McGahan said the development was targeting local downsizers, as there were currently limited options for them in the existing marketplace. RELATED: >>FOLLOW EMILY BLACK ON FACEBOOK<< Innovation comes to historic Herstoncenter_img MORE: The proposed bathroom within the Keona Rise townhouse development.“The residences have been designed for owner occupiers and savvy investors being in a boutique development of 14,” he said. Noosa townhomes walk to river precinct The proposed living areas within the Keona Rise townhouse development.“The position has always been highly sought after from buyers due to its elevation, surrounding large family homes and close proximity to amenities,” Mr McGahan said.More from newsParks and wildlife the new lust-haves post coronavirus15 hours agoNoosa’s best beachfront penthouse is about to hit the market15 hours ago“The current site at 107 Keona Rd had been in the same family for decades and when the time finally came to sell, the Carbones expressed interest immediately.“The development has been in planning for six months.”Mr McGahan said the product mix of executive townhouses and vacant land in a “whisper quiet” location, would appeal to a wide range of buyers. “McDowall and surrounding suburbs comprise a lot of buyers who live in substantial homes on large blocks and they have very few options available to them when looking to downsize, but more importantly have the option to still live locally and have access to the same amenities,” he said.Mr McGahan said the community would also suit young professionals and investors.last_img read more

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Torres Retires after Final Match

first_imgThe former Atletico Madrid, Liverpool and Chelsea forward, 35, finished his career in Japan with Sagan Tosu.They lost his final game 6-1 to a Vissel Kobe side featuring former team-mates Andres Iniesta and David Villa.Iniesta wrote Torres an open letter, in which he said “it’s been a wonderful journey, it has taken us to every corner of the world”.Torres made 110 appearances for Spain and won the World Cup in 2010, as well as the European Championships in 2008 and 2012, scoring in both finals. “To say goodbye to football next to my dear friend Iniesta is something I could never imagine,” Torres said at the time. Fernando Torres Press Conference About Retirement“Also my friend David Villa, with who I share probably the best moments in Spanish football history.“I tried to find an iconic moment to play my final game and I think that is perfect timing.”Iniesta and Torres have been friends since they played together for Spain’s youth teams, with Torres writing on a shirt for Iniesta that someday they would “win the World Cup together”.In a letter published in El Mundo, Iniesta said it was “beautifully strange” that life “brought us all the way to Japan to say goodbye”.Qué extraño. No me digas que no, Fernando. Es muy extraño, diría que hermosamente extraño. Aquí estamos los dos,…“Football brought us together more than 20 years ago, when we were children. Well, you will always be El Nino. And it will never separate us,” added the former Barcelona midfielder.“We began away from spotlights and cameras until we came to share thousands of experiences before winning a World Cup for our country.“When we meet in Spain, I’ll show you that shirt, that treasure that nobody else discovered. Although, it is true, there is no greater treasure than your friendship, Fernando.”Torres started his career with Atletico, before a £20m move to Liverpool in 2007, where he scored 81 goals in 142 games.In 2011, he was signed by Chelsea for a then British record transfer fee of £50m.Although he failed to replicate his goalscoring form at Stamford Bridge, he was part of the Blues’ Champions League-winning team in 2012.He also won the FA Cup and scored in their 2-1 win against Benfica in the Europa League final in 2013.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram FC Augsburg new signing, Noah Sarenren Bazee still harbors the ambition of playing international football for Nigeria and has revealed that he was in contact with manager Gernot Rohr ahead of the 2021 Africa Cup of Nations qualifiers.The exciting winger was in contention to be named on the Super Eagles roster for the 2018 World Cup but struggled with knee problems for a significant period which prevented Rohr from including him in the provisional squad list for the tournament in Russia.Spanish World Cup-winning striker Fernando Torres has played his final professional match before retirement.last_img read more

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2019 Southland Soccer Season Kicks Off Thursday

first_imgSoutheastern Louisiana Lady Lions – Preseason Rank: 7th – 2018 Record/Place: 7-7-4 (4-4-3 SLC), 6thIn his second year at the helm, head coach Christopher McBride earned his first trip to the Southland Conference Tournament with a 4-4-3 mark in league play. The No. 7 team in the preseason poll holds the second-most regular season titles in conference history (5) and is tied for the most league tournament titles (4) among active members. McBride’s squad looks to continue building up with eight returning starters and 12 newcomers on the roster. FRISCO, Texas – The 2019 Southland Conference soccer season gets underway Thursday with four evening matchups, the first of 21 opening weekend games on the schedule. Opening Game: Aug. 23 vs. Southern, 7 p.m. Opening Game: Aug. 22 vs. Prairie View A&M, 7 p.m. Opening Game: Aug. 23 vs. Louisiana Tech, 7 p.m. Abilene Christian Wildcats – Preseason Rank: 1st – 2018 Record/Place: 15-6-1 (7-3-1 SLC), t-4thAfter winning the conference tournament in just their second season of postseason eligibility, the Wildcats enter the 2019 season as the favorites to win the conference. Finishing tied for fourth in the regular season, ACU upset No. 4 McNeese and top-seeded Central Arkansas on the way to the title game, where the Wildcats defeated No. 7 Stephen F. Austin 3-1. This team features a league-high eight preseason all-conference picks and return all but three student-athletes who took the field in the conference tournament championship match. Nicholls Colonels – Preseason Rank: 12th – 2018 Record/Place: 3-15 (1-10 SLC), 12thThe Colonels look to avoid another 12th-place finish under first-year head coach Danny Free, who begins his fifth season with the program after beginning as a graduate assistant and working his way up to assistant coach, interim head coach and ultimately head coach. Nicholls brings back six starters from the 2018 team, including goalie Roosa Hurmerinta, who notched 64 saves, and Blaire Laiche and Kristy Helmers, who combined for four goals in 2018. Opening Game: Aug. 22 at North Texas, 7 p.m. Lamar Cardinals – Preseason Rank: 3rd – 2018 Record/Place: 12-6-2 (7-2-2 SLC), 3rdThe league’s coaches and SIDs picked Lamar to finish third, the exact spot they finished in 2018 with a 7-2-2 record in conference matches. The Cardinals played host to the conference tournament and reached the semifinals, where they fell to No. 7 Stephen F. Austin 2-1. Lamar placed one on each of the preseason all-conference teams in first-team forward Madison Ledet and second-team forward Lucy Ashworth. Opening Game: Aug. 22 vs. Oklahoma State, 7:30 p.m. Houston Baptist Huskies – Preseason Rank: 5th – 2018 Record/Place: 10-8-1 (8-2-1 SLC), 2ndThe Huskies were picked to finish fifth in 2019 despite closing out last year’s campaign with the second-most points in the league, their highest finish since 2015. The longest-tenured coach in the conference, head coach Misty Jones enters her 14th season at the helm of HBU, holding a 38-21-8 (.627) league record since the Huskies joined the conference in 2013. The squad’s 12 returning letterwinners are headlined by Megan Rickert, a first-team selection at defender on the preseason all-conference teams. Central Arkansas Bears – Preseason Rank: 2nd – 2018 Record/Place: 16-4-1 (10-1 SLC), 1stThe Bears aim to defend their regular season championship after nearly running the table in 2018, entering the conference tournament as the top seed with a 10-1 mark. Winners of nine-straight to close last year’s regular season, UCA fell to eventual champion Abilene Christian in the semifinals. The Bears landed five on the preseason all-conference teams, led by first-team selections Hadley Dickinson and Connie Awuku-Darkoh. Week One Notes (PDF) Conference play begins on Sept. 20 with all 12 league teams in action. Defending Southland regular season champion Central Arkansas is set to host the 2019 Southland Conference Soccer Tournament at the Bill Stephens Track & Soccer Complex in Conway, Ark., from Nov. 6-10. UIW Cardinals – Preseason Rank: 11th – 2018 Record/Place: 3-12-1 (3-7-1 SLC), 9thThe Cardinals were just two points shy of qualifying for the program’s first Southland Conference Tournament in the first year under head coach Emma Wright-Cates. UIW returns 15 letterwinners and 11 of those individuals are sophomores or juniors. The Cardinals finished their season ranked 15th in the nation in saves (112) and the squad’s seven saves per game led the conference. Stephen F. Austin Ladyjacks – Preseason Rank: 6th – 2018 Record/Place: 7-9-3 (3-5-3 SLC), t-7thThe Ladyjacks head into 2019 at the preseason No. 6 spot after finishing as the runner-up at the conference tournament for the second-straight year in 2018. Stephen F. Austin placed two on each of the preseason all-conference squads, including first-team honorees Carli Arthurs and Sophia Fondren. The program holds 10 all-time regular-season titles, the last coming in 2015, and won its last tournament title in 2012. This year is the 23rd edition of Southland women’s soccer, a conference sport since 1997. Sam Houston State kicks off first at home against Houston at 6:30 p.m. CT. Houston Baptist plays host to Prairie View A&M and Northwestern State visits North Texas at 7 p.m. Lamar hosts Oklahoma State at 7:30 p.m. to conclude the opening day action. Texas A&M-Corpus Christi Islanders – Preseason Rank: 9th – 2018 Record/Place: 5-9-3 (2-7-2 SLC), t-10thThe Islanders, who missed qualifying for the conference tournament in 2018, are the No. 9 team in the preseason poll. A&M-Corpus Christi had a pair of encouraging preseason exhibitions, including a 1-0 win over reigning Big 12 champion Baylor in Waco. Goalkeeper Kyleigh Hall didn’t allow a goal in 180 minutes of preseason action. Opening Game: Aug. 23 at New Mexico State, 5 p.m. Opening Game: Aug. 25 at Arizona State, 8 p.m. Opening Game: Aug. 23 vs Mississippi Valley State, 4 p.m. McNeese Cowgirls – Preseason Rank: 4th – 2018 Record/Place: 13-7-1 (7-3-1 SLC), t-4thThe preseason No. 4 Cowgirls are coming off a tie for fourth place in 2018, and McNeese’s 13-7-1 season came to an end at the hand of the tournament champions Abilene Christian in the opening round of the conference tournament. The Cowgirls are bringing back eight of their 11 starters from last season, including six members of the preseason all-conference teams. Opening Game: Aug. 23 at College of Charleston, 7 p.m. Opening Game: Aug. 22 vs. Houston, 6:30 p.m. Opening Game: Aug. 23 at Colorado College, 8 p.m. Sam Houston State Bearkats – Preseason Rank: 10th – 2018 Record/Place: 3-12-3 (2-7-2 SLC), t-10thAt the No. 10 preseason spot are the Bearkats, led by the second-longest serving active coach in the Southland Conference, Tom Brown. He enters his 12th season at the helm with Sam Houston State, bringing with him 16 returning letterwinners and six seniors. Perhaps the biggest hole for Sam Houston State to fill will be goalkeeper Christina Hendershot, who made 52 of the Bearkats’ conference-best 82 saves in Southland contests. Northwestern State Lady Demons – Preseason Rank: 8th – 2018 Record/Place: 10-10 (4-7 SLC), t-7thFirst-year co-head coaches Jess and Anna Jobe brought the Demons back to the conference tournament and look to repeat the feat in 2019. The No. 8 team in the preseason poll will also have a new look with only five juniors and seniors opposite 14 new faces. Among the returners are two members of the back line, Nicole Henry and Ashley Medawattage, and netminder Kayla Bomben. Opening Game: Aug. 23 at Texas State, 7 p.m.last_img read more

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PH boxers bag 3 golds in Russia tilt

first_imgJiro Manio arrested for stabbing man in Marikina The fancied Chinese, a silver medalist in the 2016 Rio Olympics, has had Petecio’s number, having beaten the Filipino in their previous four encounters.Petecio, though, finally got over the hump and even scored a knockdown to make the finals where she topped another North Korean.Paalam, meanwhile, outwitted 2014 Asian Games gold medalist Shin Jong Hun of South Korea in their light flyweight bout to win the gold.Rounding out the Filipino medalists are lightweight James Palicte, who won silver and Aira Villegas, who claimed the bronze medal, in the women’s flyweight class.ADVERTISEMENT In fight vs corruption, Duterte now points to Ayala, MVP companies as ‘big fish’ PBA heads to Davao del Sur for All-Star week Steam emission over Taal’s main crater ‘steady’ for past 24 hours Lights inside SMX hall flicker as Duterte rants vs Ayala, Pangilinan anew LATEST STORIES Dave Chappelle donates P1 million to Taal relief operations Sports Related Videospowered by AdSparcRead Next Don’t miss out on the latest news and information. Carpio hits red carpet treatment for China Coast Guard PLAY LIST 02:14Carpio hits red carpet treatment for China Coast Guard02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite03:23Negosyo sa Tagaytay City, bagsak sa pag-aalboroto ng Bulkang Taal01:13Christian Standhardinger wins PBA Best Player award Jury of 7 men, 5 women selected for Weinstein rape trial MOST READ China population now over 1.4 billion as birthrate falls Volcano watch: Island fissures steaming, lake water receding CONTRIBUTED PHOTOSFive Filipino boxers bagged medals, including three golds, in the International Tournament “Konstantin Korotkov Memorial” Khabarovsk, Russia.Eumir Felix Marcial, Nesthy Petecio and Carlo Paalam put on dazzling performances on their way to taking home gold medals in the 26-nation tournament.ADVERTISEMENT “I am so, so very happy for our boxers. This is a good preparation for the Asian Games in August. Let’s get them more exposures,” said ABAP president Ricky Vargas.Marcial ruled the middleweight division, sending several opponents to the canvas en route to the championship round where he outpointed his North Korean foe.FEATURED STORIESSPORTSGinebra beats Meralco again to capture PBA Governors’ Cup titleSPORTSAfter winning title, time for LA Tenorio to give back to Batangas folkSPORTSTim Cone, Ginebra set their sights on elusive All-Filipino crownPetecio continued her winning ways with her third gold medal in five months after also winning tournaments in India and Poland.But Petecio’s road to gold had to go through an opponent she had never beaten before in Jun Hua Yin of China in the semifinals. Winfrey details her decision to withdraw from Simmons film View commentslast_img read more

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