|
Articles by John D. Waller
| • What Are Statutes and Which Ones Apply to Indiana Commercial Foreclosures? by John D. Waller |
| Article issued on: 17-Nov-2008, Article Visits: 52, Article Rating: 4.88 of 5, Category Legal |
| A statute is a law, or a set of laws, established by the legislative branch of the government. In Indiana, the General Assembly ( http://www.in.gov/legislative/ ) is our state's legislature. Indiana's statutes are contained in the Indiana Code ( http://www.state.in.us/legislative/ic/code/ ), abbreviated as Ind. Code or I.C. The list of statutes that could apply to a commercial foreclosure matter is far too long to ... [] |
| • Court Commentary = Case Law by John D. Waller |
| Article issued on: 08-Oct-2008, Article Visits: 14, Article Rating: 2.83 of 5, Category Legal |
| Do you understand the difference between "case law" and "statutory law"? Have you ever wondered what the term "common law" meant? If you struggle with these legal terms, this article will help. Judge-made law. Statutes come from the legislative branch of the government, while case law is the product of the judicial branch. Black's Law Dictionary defines "case law" as "the aggregate of reported ... [] |
| • Effectiveness Of A Release In An Indiana Forbearance Agreement by John D. Waller |
| Article issued on: 25-Sep-2008, Article Visits: 18, Article Rating: 2.46 of 5, Category Legal |
| The September 20, 2007 decision by Judge Barker of the United States District Court for the Southern District of Indiana in Midwest Lumber v. Branch Banking, 2007 U.S. Dist. LEXIS 69924 (S.D. Ind. 2007) involves the dismissal of borrowers' lender liability claims, but it also specifically addresses a release provision in a forbearance agreement. Even though lender liability is not my primary focus, certainly ... [] |
| • Basic Foreclosure Process/Timing in Indiana by John D. Waller |
| Article issued on: 03-Sep-2008, Article Visits: 16, Article Rating: 2.54 of 5, Category Legal |
| Need a handle on how long it will take to liquidate your borrower's collateral in Indiana? Since the foreclosure process officially starts with the filing of a complaint, my timelines start there. A complaint cannot be filed until there has been a default under the terms of the real estate mortgage or personal property security agreement. Needless to say, many weeks if not months ... [] |
| • Worried About the Fair Debt Collection Practices Act? by John D. Waller |
| Article issued on: 05-Jul-2008, Article Visits: 21, Article Rating: 3.63 of 5, Category Legal |
| Do you work for a financial institution that collects debts? If so, do you know whether the Fair Debt Collection Practices Act, 15 U.S.C. 1692 (the "Act") ( http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm ) regulates what you do? Do you fear that your collection practices might subject you or your company to liability? Relax. The Act generally does not apply to commercial foreclosures or the collection of commercial ... [] |
| • Lender and Receiver Both May Pay For Mismanaged Foreclosure by John D. Waller |
| Article issued on: 27-Jun-2008, Article Visits: 17, Article Rating: 2.54 of 5, Category Legal |
| If you deal with receiverships, this case will be of interest to you. A lender, a borrower and a court-appointed receiver have been battling one another in an Indiana federal court in connection with a failed construction project. Problems arose when a partially-constructed apartment complex deteriorated so much during a foreclosure suit that a judge condemned the property and ordered it to be demolished, ... [] |
| • Potential Negligence Of An Indiana Receiver by John D. Waller |
| Article issued on: 08-May-2008, Article Visits: 13, Article Rating: 4.96 of 5, Category Legal |
| Judge Theresa Springmann of the Northern District of Indiana issued an opinion on November 5, 2007 in the case FTC v. Think Achievement, 2007 U.S. Dist. LEXIS 82621 (N.D. Ind. 2007). Think Achievement was a negligence case brought against a court-appointed receiver relating to the alleged failure to preserve and protect the assets of the receivership estate. The opinion addresses some of the general ... [] |
| • Just What Is Commercial Foreclosure Law? by John D. Waller |
| Article issued on: 27-Mar-2008, Article Visits: 19, Article Rating: 3.26 of 5, Category Legal |
| The cast of characters. Everyone knows what a bank is. Most of us understand what a lender is - an institution from whom money is borrowed. Adding the word "commercial" to describe a lender simply means that the financial entity deals with businesses as opposed to individuals. Black's Law Dictionary defines "commercial loans" as: "loans made to businesses as distinguished from personal-consumer credit loans." ... [] |
| • Indiana Supreme Court Discusses Proceedings Supplemental by John D. Waller |
| Article issued on: 07-Mar-2008, Article Visits: 16, Article Rating: 2.98 of 5, Category Business |
| Do you know what "proceedings supplemental" are? If you are in the business of collecting judgments in Indiana, and from time to time virtually all secured lenders are, then the June 27, 2007 opinion by the Indiana Supreme Court in Rose v. Mercantile National Bank, 2007 Ind. LEXIS 471 provides a great primer on the subject. Facts of Rose. Plaintiffs sued an S-Corp, and ... [] |
| • Motion for Summary What? by John D. Waller |
| Article issued on: 04-Mar-2008, Article Visits: 17, Article Rating: 3.02 of 5, Category Legal |
| If you've heard colleagues or your lawyer mention a "motion for summary judgment" and wondered what exactly it was, allow me to shed some light on the subject in the context of an Indiana commercial foreclosure. A motion is a request by a party for the trial judge to do something - in this case grant a summary judgment. A summary judgment is an ... [] |
| • Construction Mortgage vs. Mechanic's Lien: Win, Lose or Draw? by John D. Waller |
| Article issued on: 09-Feb-2008, Article Visits: 16, Article Rating: 2.86 of 5, Category Legal |
| Recently, I met with a commercial lender who mentioned a problem with one of his projects. Construction had started, but the developer hadn't closed the construction loan. Thus the lender's mortgage hadn't been recorded, but likely would be soon. He wondered how the delay might affect the priority of his bank's mortgage lien. Attorneys representing secured lenders in commercial foreclosure cases, or contractors in ... [] |
|
