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 Article Directory   Author   John Waller
 

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Published Articles:14
Total Article Views:9,370 (unique visitors)
Total Article Rank:1.2 /5 (5 Ratings)
John Waller
(USA)Author

John Waller's Articles

Articles by: John Waller

Recent Articles

Indiana Foreclosure Sale Terminates the Right of Redemption

Recently, an out-of-state client asked whether the defendant borrower, in an Indiana commercial foreclosure case we're handling, will have the right to redeem the mortgage after the sheriff's sale. ..
(June 30, 2008)
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 | Real-Estate/Foreclosures | Visitors: 903

Do Borrowers Have a Right of Redemption in Indiana?

If a borrower defaults, and if a secured lender exercises its rights under a mortgage or security agreement to foreclose, the borrower still is able to avoid losing the collateral. This is because, ..
(June 30, 2008)
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 | Real-Estate/Foreclosures | Visitors: 1026

In Indiana, a Summary Judgment is Preferable to a Default ..

There are occasions when a defendant does not appear in a lien enforcement lawsuit or otherwise timely respond to the complaint. Many of us intuitively consider the next step to be an application for .
(June 30, 2008)
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 | Legal | Visitors: 1010

Indiana Sheriffs Sales Local Rules, Customs and Practices ..

In Indiana, mortgage foreclosures must be judicial or, in other words, through the court system. As a general proposition, real estate collateral must be sold, pursuant to a judge's decree, by the ..
(June 30, 2008)
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  • Currently 2.00/5
 | Real-Estate/Foreclosures | Visitors: 3196

Indiana Receivers Can Sue For Damages Suffered By The ..

What happens if, as a secured lender, you file a foreclosure suit and have a receiver appointed, and during that process you learn of circumstances in which your borrower (a/k/a the receivership ..
(December 06, 2007)
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 | Legal | Visitors: 216

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 ..
(July 08, 2007)
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 | Real-Estate | Visitors: 180

Equitable Subrogation And Other Tidbits From Gibson v. Neu

Commercial lenders operating in Indiana can take away a few nuggets of useful information from the May 30 Indiana Court of Appeals opinion in Gibson v. NEU, 2007 Ind. App. LEXIS 1140. Among other ..
(June 20, 2007)
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 | Real-Estate | Visitors: 295

Indiana Supreme Court Discusses Proceedings Supplemental

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, ..
(July 01, 2007)
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 | Real-Estate | Visitors: 176

Liability Of Guarantors Or Accommodation Parties When The ..

On February 28, 2007, the Indiana Court of Appeals decided a case about the personal liability of guarantors/accommodation parties in Keesling v. T. E. K. Partners, 2007 Ind. App. LEXIS 358. If ..
(March 26, 2007)
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 | Real-Estate | Visitors: 130

The Validity Of Security Interests In Medicare Receivables

Lock Realty Corp. v. U. S. Health LP, which was the backdrop of my December 14, 2006 article, continues to be a lawyer’s dream in terms of complexity and challenges. The case also continues to ..
(March 15, 2007)
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  • Currently 1.00/5
 | Legal | Visitors: 377

More On Prejudgment Attachment And Garnishment

Lenders wanting to freeze, before judgment, the assets of a fraudulent borrower, or a borrower trying to avoid collection efforts, will be interested in some of the rules outlined by the Indiana ..
(March 06, 2007)
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  • Currently 1.00/5
 | Real-Estate | Visitors: 1388

Yield Maintenance Fees, Part I: Indiana Law

Depending upon the nature of the deal, a commercial lender’s promissory note may contain a yield maintenance provision (the descendant of a prepayment clause). The provisions come in all shapes .
(January 24, 2007)
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 | Real-Estate | Visitors: 147

The Commercial Lender's 8-Item Care Package For Its ..

As a secured lender, once you decide to foreclose on a business borrower’s loan collateral, you must provide certain information and documentation to your lawyer so he or she can file suit. The .
(January 16, 2007)
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 | Real-Estate | Visitors: 142

Statutory Disposition of Foreclosure Sale Proceeds

When foreclosing on a borrower’s loan collateral, it’s no secret that banks and commercial lending institutions ultimately are seeking money. Normally, they hope to dispose of the ..
(January 10, 2007)
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 | Real-Estate | Visitors: 184