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Authors; John D. Waller

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About Writer
John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at jwaller@woodmclaw.com.
Email to John D. Waller

Author Specialises in Articles on : Legal Matters
Editorials by John D. Waller, Joh43
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Potential Negligence Of An Indiana Receiver
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 fai...
Similar Editorial : Driver Negligence Auto Accidents by Nick Johnson. | Source : Free Legal Help

Effectiveness Of A Release In An Indiana Forbearance Agreement
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 addr...
Similar Editorial : Indiana Jones Returns by James Shenton. | Source : Online Law Information

Construction Mortgage Vs. Mechanic’s Lien: Win, Lose Or Draw?
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 prio...
Similar Editorial : The Construction Industry by crackmarketing. | Source : Free Legal Questions

Motion For Summary What?
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 cas...
Similar Editorial : Book Summary by Regine P. Azurin. | Source : Civil Court Cases

Worried About The Fair Debt Collection Practices Act?
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) regu...
Similar Editorial : Fair Debt Collection Practices by Moses Wright. | Source : Attorney at Law

Basic Foreclosure Process/Timing In Indiana
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 mor...
Similar Editorial : Foreclosure Process in Vermont by Kathy Swift. | Source : Criminal Defense Lawyer

Lender And Receiver Both May Pay For Mismanaged Foreclosure
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 d...
Similar Editorial : Bluetooth GPS Receiver by Denis007. | Source : Legal Aid

Just What Is Commercial Foreclosure Law?
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 Dict...
Similar Editorial : Your 30 Second Commercial by Sue and Chuck DeFiore. | Source : Legal Aid Lawyer

What Are Statutes And Which Ones Apply To Indiana Commercial Foreclosures?
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...
Similar Editorial : Indiana Jones Returns by James Shenton. | Source : Legal Aid Lawyer

Court Commentary = Case Law
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 ...
Similar Editorial : The Traffic Court by Greg Slaughter. | Source : Legal Aid Lawyer

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