Mortgages: Legislative Preemption of Merger Doctrine

Volume 27 No. 3

By

Rory O’Bryan is an attorney in the Indianapolis, Indiana, office of Harrison & Moberly, LLP, and serves as an adjunct professor at Indiana University Maurer School of Law in Bloomington, Indiana.

Indiana’s Anti-Merger Statute is a prototype for any jurisdiction desiring to legislatively prevent the application of the doctrine of merger in judicial foreclosure actions.

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