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 .
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 : 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 : 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 : 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 : 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 : 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 : 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 : 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 : by Sue and Chuck DeFiore. | 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 : by Greg Slaughter. | Source : Legal Aid Lawyer
