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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
Lesson. If a borrower engages an attorney to help with an insurance claim arising out of a loss to mortgaged property, generally the attorney will not be paid from the insurance proceeds, which belong to the lender as a loss... Continue reading
Posted 5 hours ago at Indiana Commercial Foreclosure Law
In follow-up to my post on Monday the 27th - County Sheriff Sale Fees Increasing to $300 - it appears the actual date upon which the fee increase will apply may vary by county. The quote below is an email... Continue reading
Posted 7 days ago at Indiana Commercial Foreclosure Law
I've been peppered with emails from various Indiana county sheriff's departments advising that the foreclosure sale fees are about to increase to $300. This is consistent with the enactment of House Bill 1048, about which I wrote back in March:... Continue reading
Posted Jun 27, 2022 at Indiana Commercial Foreclosure Law
Lesson. Since ownership of real estate by a husband and wife creates a presumption of a tenancy by the entirety, typically a creditor cannot collect the debt of one spouse from the marital real estate. However, the presumption is rebuttable... Continue reading
Posted Jun 21, 2022 at Indiana Commercial Foreclosure Law
Note: This is the fourth post about the 410 case, cited below, that grants a lender’s motion for summary judgment against a borrower (and other defendants), despite the defendants’ assertions of multiple defenses and counterclaims. For background and context, here... Continue reading
Posted Jun 2, 2022 at Indiana Commercial Foreclosure Law
Note: on 5/6/22 and 5/20/22, I wrote about the 410 case cited below. Today’s post addresses more issues from the same opinion. In particular, the 5/20/22 article provides context for today’s installment, which follows up on the “loan balance statement”... Continue reading
Posted May 27, 2022 at Indiana Commercial Foreclosure Law
Note: on 5/6/22, I wrote about the 410 case cited below. Today’s post addresses additional subject matter from the same opinion. Please review my previous post for background. Lesson. In workout negotiations, if banks wish to avoid communications that could... Continue reading
Posted May 20, 2022 at Indiana Commercial Foreclosure Law
Lesson. With securitized loans, the trustee on behalf of the trust (the lender) is a “real party in interest” for purposes of filing a foreclosure suit, despite the existence of a special servicer appointed by a pooling and servicing agreement.... Continue reading
Posted May 6, 2022 at Indiana Commercial Foreclosure Law
The following article by ATTOM from 4/21/22 shows that foreclosure starts, bank repossessions are at the highest levels in two years but still well below normal: LINK. Continue reading
Posted Apr 23, 2022 at Indiana Commercial Foreclosure Law
Lesson. COVID did not provide a defense to the accrual of interest on mortgage loans in 2020. Case cite. PNC v. Page, 2022 Ind. App. LEXIS 92 (Ind. Ct. App. 2022). Legal issue. Whether certain provisions in Indiana’s COVID-related Emergency... Continue reading
Posted Apr 14, 2022 at Indiana Commercial Foreclosure Law
In this year’s Indiana legislative session, the General Assembly enacted House Bill 1048, which becomes effective July 1, 2022. Here are some of the changes that will impact Indiana foreclosure law. Electronic sales. HB 1048 amended I.C. 32-29-7-3 to provide... Continue reading
Posted Mar 27, 2022 at Indiana Commercial Foreclosure Law
United States v. Ervin 2022 U.S. Dist. LEXIS 7344 (N.D. Ind. 2022) dealt with a criminal conviction and resulting order to pay restitution. Why is a criminal case the subject of a post on Indiana Commercial Foreclosure Law? Because the... Continue reading
Posted Mar 17, 2022 at Indiana Commercial Foreclosure Law
Indiana House Bill 1048 proposes to some adjustments to the sheriff's sale process. Here is the latest synopsis of the bill: Allows the sheriff to conduct a public auction electronically. Prohibits certain persons and entities from purchasing a tract at... Continue reading
Posted Mar 6, 2022 at Indiana Commercial Foreclosure Law
Lesson. The devil’s in the details when looking at fraudulent intent, and various statutory remedies are available in Indiana fraudulent transfer actions. Case cite. Holland v. Ketcham, 2021 Ind. App. LEXIS 404 (Ct. App. Dec. 27, 2021) Legal issue. Whether... Continue reading
Posted Feb 22, 2022 at Indiana Commercial Foreclosure Law
I'm very happy to report that my good friend Rob Schein is now one of my partners here in Indianapolis. Read more about it here. Continue reading
Posted Feb 18, 2022 at Indiana Commercial Foreclosure Law
Lesson. An erroneously-released federal tax lien can be reinstated, and the lien can reattach to a debtor’s pre-petition property, even in the wake of a bankruptcy discharge. Case cite. United States v. Shadoan, 2021 U.S. Dist. LEXIS 219003 (S.D. Ind.... Continue reading
Posted Feb 9, 2022 at Indiana Commercial Foreclosure Law
I thought this article by Samantha Higgins on legalreader.com was quite informative for borrowers: How Best to Prepare When Facing a Foreclosure. Although the piece is designed for residential/consumer foreclosures, many of the tips identified by Higgins apply with equal... Continue reading
Posted Feb 2, 2022 at Indiana Commercial Foreclosure Law
Lesson. Common presidents and physical locations alone is insufficient evidence to render two companies one enterprise in disguise. Case cite. Vasquez v. Steiner Enters. 2021 U.S. Dist. LEXIS 211903 (N.D. Ind. Nov. 2 2021) Legal issue. Whether Company A was... Continue reading
Posted Jan 28, 2022 at Indiana Commercial Foreclosure Law
From IT News Online: IRVINE, Calif., Jan. 13, 2022 /PRNewswire/ -- ATTOM, licensor of the nation's most comprehensive foreclosure data and parent company to RealtyTrac, the largest online marketplace for foreclosure and distressed properties, today released its Year-End 2021 U.S.... Continue reading
Posted Jan 13, 2022 at Indiana Commercial Foreclosure Law
Courtesy of the IBA today: Updated COVID Marion Superior and Circuit Court Measures regarding Facial Coverings and Suspension of Jury Trials The Executive Committee of the Marion Superior Court and the Judge of the Circuit Court have continued to monitor... Continue reading
Posted Jan 6, 2022 at Indiana Commercial Foreclosure Law
Lesson. A Borrower’s UCC damages arising out of a secured lender’s breach of the peace can be reduced by the loan deficiency, assuming the disposition of the collateral was commercially reasonable. Case cite. Horizon Bank v. Huizar, 2021 Ind. App.... Continue reading
Posted Dec 24, 2021 at Indiana Commercial Foreclosure Law
Lesson. A Lender (secured creditor) could be exposed to liability for breaching the peace (“disturbing the public tranquility or order”) if it refuses to halt a repossession after a borrower voices an objection to the seizure. Case cite. Horizon Bank... Continue reading
Posted Dec 10, 2021 at Indiana Commercial Foreclosure Law
Lesson. Post-judgment interest was not tolled by the Indiana Supreme Court’s 2020 COVID-related emergency orders. Case cite. Denman v. St. Vincent Med. Grp., Inc., 2021 Ind. App. LEXIS 254 (Ind. Ct. App. 2021) Legal issue. Whether the Indiana Supreme Court’s... Continue reading
Posted Nov 24, 2021 at Indiana Commercial Foreclosure Law
A deed-in-lieu of foreclosure (DIL) is one of many alternatives to foreclosure. For background, review my post Deeds In Lieu Of Foreclosure: Who, What, When, Where, Why And How. Today I discuss the Indiana Court of Appeals’ opinion in GMAC... Continue reading
Posted Nov 12, 2021 at Indiana Commercial Foreclosure Law
In Banister v. U.S. Bank Nat'l Ass'n, 2021 U.S. App. LEXIS 28565 (7th Cir. 2021), the United States Court of Appeals for the Seventh Circuit (that includes Indiana) affirmed an Illinois district court's decision to dismiss on jurisdictional grounds a... Continue reading
Posted Oct 26, 2021 at Indiana Commercial Foreclosure Law