John D. Waller

Indiana Commercial Foreclosure Law

https://commercialforeclosureblog.typepad.com/

Recent Blog Posts

  • Before You File, Review For “Personally Identifiable Information” and Redact: Indiana Overview Most if not all states, including Indiana, have rules requiring the redaction of so-called “personally identifiable information” (PII) before documents may be filed with a court. (Don’t know what “redaction” means? This article helps explain.) Generally speaking, each document should...      Related StoriesBank Records Of Non-Party (Third Party) Discoverable In Post-Judgment Collection ActionLender’s Redirection Of Rents Does Not Constitute “Unclean Hands” When Supported By Loan DocumentsPooling And Servicing Agreement Did Not Divest Trustee Of Ability To Foreclose ... More
  • 7th Circuit Opinion Captures The Essence Of An Indiana Lis Pendens Notice The recent Seventh Circuit Court of Appeals case in Nat'l Asset Consultants LLC v. Midwest Holdings-Indianapolis LLC 2022 U.S. App. LEXIS 16689 (7th Cir. June 16 2022) did not litigate a lis pendens issue per se. The opinion did, however,...      Related StoriesJudgment Requiring Payment Of Sum Certain Through Monthly Installments Until Paid Or “Until Death” Does Not Create Judgment Lien ... More
  • Indiana Receiver Sales: Why ... Why Not? I wanted to post some content before leaving on a vacation to celebrate my 25th wedding anniversary. Today’s article incorporates material first published back in 2015 and relates to my prior post - Receiver Not Authorized To Sell Property Without...      Related StoriesDate Of Sheriff Sale Fee Increase Varying By CountyCounty Sheriff Sale Fees Increasing to $300Upcoming Changes To Indiana Sheriff's Sales ... More
  • Forged Power Of Attorney In Set Of Loan Documents Did Not Render Personal Guaranty Unenforceable Lesson. A properly-executed promissory note and personal guaranty should overcome alleged defenses associated with other flawed loan documents. Case cite. Nextgear Capital Inc. v. Premier Grp. Autos LLC 2022 U.S. Dist. LEXIS 89317 (S.D. Ind. 2022) Legal issue. Whether a...       ... More
  • Indiana Judgment Creditor Not Entitled To Post-Judgment Order Transferring Ownership Of Defendant’s Real Estate Lesson. In the post-judgment collection phase of a case, the plaintiff creditor is not entitled to an order transferring title to the defendant debtor’s real estate for purposes of satisfying the judgment. For that to happen, the creditor must follow...      Related StoriesBank Records Of Non-Party (Third Party) Discoverable In Post-Judgment Collection ActionJudgment Requiring Payment Of Sum Certain Through Monthly Installments Until Paid Or “Until Death” Does Not Create Judgment LienAbsence Of Personal Jurisdiction Dooms Action To Domesticate Ohio Judgment In Indiana ... More
  • Bank Records Of Non-Party (Third Party) Discoverable In Post-Judgment Collection Action Lesson. A bank’s records of a non-party to litigation can be subpoenaed in post-judgment collection proceedings if the document request is reasonably calculated to lead to the discovery of concealed or fraudulently transferred assets. Case cite. Allstate Ins. Co. v....      Related StoriesBefore You File, Review For “Personally Identifiable Information” and Redact: Indiana OverviewIndiana Judgment Creditor Not Entitled To Post-Judgment Order Transferring Ownership Of Defendant’s Real EstatePresumption Of Ownership Through Tenants By The Entirety Can Be Rebutted By Contract ... More