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John Waller
Indianapolis
John Waller is an Indianapolis attorney who represents parties involved in the foreclosure of commercial mortgages, the enforcement of security interests and collection of business debts.
Recent Activity
Impact of 1099-C Filing On Indiana Deficiency Judgments
Lesson. The filing of a 1099–C form (“1099-C”) does not, in and of itself, operate to extinguish a deficiency judgment under Indiana law. Ultimately, however, lenders should consult with their tax advisors to document, if necessary, that any issuance of... Continue reading
Posted Jun 14, 2021 at Indiana Commercial Foreclosure Law
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Report: Surprise Plunge In Bankruptcies Puts Attorneys To Test
From yesterday's Indiana Lawyer: article link. The piece does not address consumer/residential foreclosure attorneys, but my understanding is that the story is the same and perhaps even worse due to the ongoing federal foreclosure moratorium. Meanwhile, commercial foreclosures, which are... Continue reading
Posted May 27, 2021 at Indiana Commercial Foreclosure Law
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Southern District Of Indiana Opinion Explains Why Federal Tax Liens Are Not Terminated In Bankruptcy
Lesson. A bankruptcy discharge can eliminate a tax payer’s personal liability for unpaid income taxes, but it will not extinguish a pre-existing tax lien on the tax payer’s real estate. Case cite. United States v. Webb, 486 F. Supp. 3d... Continue reading
Posted May 21, 2021 at Indiana Commercial Foreclosure Law
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Absence Of Personal Jurisdiction Dooms Action To Domesticate Ohio Judgment In Indiana
Lesson. Domesticating an out-of-state judgment in Indiana is typically an easy and indefensible process, unless the original court lacked jurisdiction to enter the judgment in the first place. Case cite. Ferrand Laser Screening v. Concrete Management, 150 N.E.3d 227 (Ind.... Continue reading
Posted May 7, 2021 at Indiana Commercial Foreclosure Law
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Pre-Judgment Seizure of Property: Attachment Fundamentals
Can lenders seize property of a borrower or a guarantor to ensure its availability to satisfy a subsequent judgment? Rarely. I touched on this area of the law back on 3/6/07. Woodward v. Algie, 2014 U.S. Dist. LEXIS 52997 (S.D.... Continue reading
Posted Apr 30, 2021 at Indiana Commercial Foreclosure Law
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News Reports Regarding Increase In Foreclosure Activity Despite Government Programs
Both of the following news reports stem from the Q1 2021 Foreclosure Market Report by ATTOM Data Solutions: U.S. Foreclosure Activity Continues To Increase Despite Government Moratorium Despite Federal Actions, Q1 Foreclosures Rise I was out last week and have... Continue reading
Posted Apr 16, 2021 at Indiana Commercial Foreclosure Law
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Title Work And Foreclosures In Indiana
One of the common themes on this blog has been the importance of obtaining title work in connection with an Indiana commercial mortgage foreclosure case. If you’re wondering why your foreclosure counsel recommends that you incur the expense of a... Continue reading
Posted Apr 5, 2021 at Indiana Commercial Foreclosure Law
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In HAMP Case, Seventh Circuit Disposes Of Borrower’s Claims Of Wrongdoing
Lesson. It would seem to be extraordinarily challenging for a borrower to assert a viable claim against a lender arising out of a failed HAMP loan mod. Case cite. Taylor v. JPMorgan Chase Bank, 958 F.3d 556 (7th Cir. 2020)... Continue reading
Posted Mar 26, 2021 at Indiana Commercial Foreclosure Law
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Seventh Circuit Rejects Borrower’s HAMP Contract Breach Claim: Part 2 of 2
Lesson. Statements by Lender’s employees about the status of a HAMP loan modification, coupled with Lender’s acceptance of reduced payments during the period of negotiations, should not result in a waiver of the countersignature condition precedent. Case cite. Taylor v.... Continue reading
Posted Mar 18, 2021 at Indiana Commercial Foreclosure Law
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Dinsmore Is Hiring In Indiana
We are hiring litigation associates in both Indianapolis and Evansville. Click here for more - or, feel free to email me. John Continue reading
Posted Mar 17, 2021 at Indiana Commercial Foreclosure Law
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Seventh Circuit Rejects Borrower’s HAMP Contract Breach Claim: Part 1 of 2
Lesson. Under Indiana law, if a lender or its loan servicer does not sign the proposed HAMP TPP agreement, then there is no binding contract. Case cite. Taylor v. JPMorgan Chase Bank, 958 F.3d 556 (7th Cir. 2020) Legal issue.... Continue reading
Posted Mar 11, 2021 at Indiana Commercial Foreclosure Law
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Erik Chickedantz - Super, Indeed
The annual Indiana Super Lawyers magazine was delivered today. It features a great article about Erik Chichedantz entitled "From Southwestern Indiana to West Point." Click here for a .pdf, and credit to Super Lawyers Indiana 2021, page 7. Erik and... Continue reading
Posted Mar 5, 2021 at Indiana Commercial Foreclosure Law
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Indiana Reverses Controversial Recording Requirement
Title companies and many other parties routinely dealing with real estate transactions in Indiana are applauding Governor Holcomb’s signature of HB 1056 into law, which is effective immediately. The act reverses the recording law change on July 1, 2020, about... Continue reading
Posted Feb 19, 2021 at Indiana Commercial Foreclosure Law
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Northern District of Indiana Court Dismisses Borrower’s FDCPA Claim Concerning Force-Placed Insurance Notices
Lesson. Force-placed insurance letters issued to a borrower following a Chapter 7 BK discharge generally should not violate the FDCPA. Case cite. Mohr v. Newrez_ 448 F. Supp. 3d 956 (N.D. Ind. 2020) Legal issue. Whether a mortgage loan servicer’s... Continue reading
Posted Feb 12, 2021 at Indiana Commercial Foreclosure Law
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Another Indiana Court Of Appeals Opinion Regarding Admissibility Of Lender’s Loan and Business Records
Lesson. A lender’s proposed witness who was not present when the original loan documents were executed, or for that matter when any materials relevant to the loan were created, does not in and of itself preclude the witness from testifying... Continue reading
Posted Jan 27, 2021 at Indiana Commercial Foreclosure Law
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Marion County (Indianapolis) Sales Disclosure Forms Effective 1/1/21
The Marion County Assessor’s Office is employing a new procedure for the completion of a sales disclosure form (SDF). This is relevant to the foreclosure process because parties pursuing sheriff’s sales in Marion County must tender SDFs as part of... Continue reading
Posted Jan 15, 2021 at Indiana Commercial Foreclosure Law
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Firm News: Dinsmore-Wooden Merger
I'm excited to announce that Wooden McLaughlin is now a part of Dinsmore. Our two firms merged January 1, 2021. Click here for more. Continue reading
Posted Jan 4, 2021 at Indiana Commercial Foreclosure Law
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2021 Marion County (Indianapolis) Sheriff's Sale Calendar, Procedure Reminders
The Marion County Sheriff's Office recently circulated its 2021 calendar, which sets out the relevant pre-sale and sale dates. Click here for the Excel spreadsheet issued by the Sheriff. The Office reminded parties that, through March, the sales will be... Continue reading
Posted Dec 30, 2020 at Indiana Commercial Foreclosure Law
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Indiana Commercial Court Expanding, Succeeding
I attended a continuing ed webinar last week related to the recent-announced expansion of Indiana's commercial court system. Effective January 2021, there will be four new counties in the program. There will now be ten counties (and ten judges) total.... Continue reading
Posted Dec 21, 2020 at Indiana Commercial Foreclosure Law
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Indiana Supreme Court Suspends All Jury Trials Until 3/1/21
Click here for today's Order Suspending Jury Trials entered by our state's high court. The Indiana Lawyer reported on this development, and you can read the article here. For more on this topic, see my June post: Indiana Supreme Court's... Continue reading
Posted Dec 14, 2020 at Indiana Commercial Foreclosure Law
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Indiana Court of Appeals Mortgage Foreclosure Opinion, III of III: Damages Evidence After Lenders Merge
Lesson. Even if the original lender no longer exists due to a merger, as long as the proper foundation is laid, the necessary liability and damages evidence should be admissible based upon the business records exception to the hearsay rule.... Continue reading
Posted Dec 10, 2020 at Indiana Commercial Foreclosure Law
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Indiana Court of Appeals Mortgage Foreclosure Opinion, II of III: Liability – Evidence Teachings
Lesson. In contested motions for summary judgment, lenders should not forget to point to the entire record before the court. Often borrowers will have admitted key facts in their pleadings or offered detrimental evidence themselves while trying to defend certain... Continue reading
Posted Dec 2, 2020 at Indiana Commercial Foreclosure Law
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Recent Indiana Mortgage Foreclosure Opinion, Post I of III: Liability – First Material Breach Doctrine
Lesson. Indiana’s “first to breach” defense would appear to be an exceedingly difficult theory for borrowers to establish in most foreclosure cases. Case cite. Hussain v. Salin Bank, 143 N.E.3d 322 (Ind. Ct. App. 2020) Legal issue. Whether the lender... Continue reading
Posted Nov 22, 2020 at Indiana Commercial Foreclosure Law
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“Economics Of The Transaction” Establish Land Contract Rather Than Lease
Lesson. When determining whether a real estate agreement is a lease or a land sale contract, follow the money. Case cite. Vic’s Antiques v. J. Elra Holdingz, 143 N.E.3d 300 (Ind. Ct. 2020) Legal issue. Whether an agreement was a... Continue reading
Posted Nov 13, 2020 at Indiana Commercial Foreclosure Law
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Bank Loses 100k After Failing To Appear At Garnishment Hearing To Prove Right Of Set-Off
Lesson. A bank, as a garnishee-defendant, may claim a right to set-off funds on deposit against amounts its customer owes the bank. However, the bank should appear in court and prove its right. Merely asserting set-off in answers to interrogatories... Continue reading
Posted Oct 29, 2020 at Indiana Commercial Foreclosure Law
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