Filed: Jul. 17, 2017
Latest Update: Jul. 17, 2017
Summary: REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO MODIFY THE CHARGING ORDER TIM A. BAKER , Magistrate Judge . Plaintiff Caudill Seed & Warehouse Co., Inc. seeks to modify the existing charging order. The Court previously granted Caudill Seed's request for a charging order against Defendant Mark D. Rose's economic interest in 32 acres located at 13812 Nabb-New Washington Road, Nabb, Clark County, Indiana. Now, Caudill Seed asks the Court to grant it a lien on the entire property, to include
Summary: REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO MODIFY THE CHARGING ORDER TIM A. BAKER , Magistrate Judge . Plaintiff Caudill Seed & Warehouse Co., Inc. seeks to modify the existing charging order. The Court previously granted Caudill Seed's request for a charging order against Defendant Mark D. Rose's economic interest in 32 acres located at 13812 Nabb-New Washington Road, Nabb, Clark County, Indiana. Now, Caudill Seed asks the Court to grant it a lien on the entire property, to include ..
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REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO MODIFY THE CHARGING ORDER
TIM A. BAKER, Magistrate Judge.
Plaintiff Caudill Seed & Warehouse Co., Inc. seeks to modify the existing charging order. The Court previously granted Caudill Seed's request for a charging order against Defendant Mark D. Rose's economic interest in 32 acres located at 13812 Nabb-New Washington Road, Nabb, Clark County, Indiana. Now, Caudill Seed asks the Court to grant it a lien on the entire property, to include the economic interest of Mark M. Rose (Matt). As explained below, this is not appropriate and Caudill Seed's motion [Filing No. 116] should be denied.
According to the purchase agreement for this property, Mark and Matt will hold title to the property as tenants in common, "each owning a one half undivided interest." [Filing No. 77-1, at ECF p. 1.] The prior charging order provided for Caudill Seed to obtain a lien against Mark's one half interest in the property to satisfy the judgment against Mark. [Filing No. 107, adopting Filing No. 103.] The instant motion asks the Court to expand Caudill Seed's entitlement to the property to include Matt's economic interest. However, Caudill Seed does not provide a legal basis to support its position. Rather, Caudill Seed points to checks signed by Mark. This does not affect the Court's prior order.
As previously explained, Mark and Matt will jointly own the property and may utilize the doctrine of contribution with each other to equalize the burden of Caudill Seed's lien based on the portion of their contribution. Caudill Seed fails to point to any law that allows it to place a lien on Matt's one half interest. Evidence of mortgage liens and property value does not affect the outcome here. Therefore, Caudill Seed's motion to amend the charging order [Filing No. 116] and Matt's motion for an evidentiary hearing [Filing No. 122] should be denied.
Any objections to the Magistrate Judge's Report and Recommendation shall be filed with the Clerk in accordance with 28 U.S.C. § 636(b)(1). Failure to file timely objections within fourteen days after service shall constitute waiver of subsequent review absent a showing of good cause for such failure.
