Legal Question in Real Estate Law in Indiana

Re: foreclosure

I'm sorry your daughter is mistreating you this way. This is a situation where you should promptly confer with a real lawyer, not one of us cyberlawyers, because there are very many important facts that you cannot make clear by email. I gather from your question that you loaned your daughter $150,000 to buy a house, and that she also obtained a bank mortgage on the home, that she now fails to pay both the bank loan and your loan. If your loan agreement was unsecured by a mortgage, or secured by a mortgage but not recorded, then the bank and all the judgments will have priority over your loan. If the bank forecloses on the property, all the junior judgments and liens, including yours, will be wiped out. I can assure you that the bank will not honor any lien it is not required by law to honor; and since your lien will be wiped out by the foreclosure, the bank will despise and dishonor your judgment. So gather all your documents, make an appointment with a lawyer experienced in property law litigation, and hope that some remedy presents itself to the lawyer's imagination. Make sure you have an accurate appraisal of the current value of the property. You may want to make a deal with the bank while you sort things out with your daughter. Maybe you can change your lawsuit to include equitable relief for a purchase money lien. Good luck.