Indiana Commercial Foreclosure Law
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Welcome to John Waller's blog, which has been dedicated to Indiana mortgage foreclosures, lien enforcement, and title and servicing issues since 2006.
Indiana Commercial Foreclosure Law
2w ago
The Indiana Bankers Association publishes the Hoosier Banker magazine, which features my article about forbearance agreements in the current issue. Click here for the online version of the piece. The full article follows. I'd like to thank the folks at...
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Indiana Commercial Foreclosure Law
1M ago
Lesson. So long as the legal description in a mortgage provides notice of the boundaries and location of the subject real estate, discrepancies regarding the street address are of no moment. Case cite. United States Bank Nat'l Ass'n v. Spencer,...
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Prior Replevin Of Manufactured Home Did Not Render Mortgage Fully Satisfied As To the Underlying Land
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Indiana's Mortgage Release Obligations
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Indiana Commercial Foreclosure Law
1M ago
Lesson. A lender’s motion for voluntary dismissal of a foreclosure lawsuit, without prejudice, generally leaves the door open to file a subsequent action. Case cite. United States Bank Nat'l Ass'n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023) Legal...
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What Is The “Protecting Tenants at Foreclosure Act” And Does It Apply To Foreclosures On Multi-Family Properties?
Indiana Court Discusses Test For Recovery Of Attorney's Fees In Action Against Guarantor
Before You File, Review For “Personally Identifiable Information” and Redact: Indiana Overview ..read more
Indiana Commercial Foreclosure Law
1M ago
Various media outlets are reporting that our firm's office building in downtown Indianapolis is being foreclosed upon. (We're just a tenant and paying our rent, so this isn't our fault!) The articles, in part, suggest looming problems with the office...
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ATTOM: U.S. Foreclosure Activity Sets Post Pandemic Highs in First Quarter of 2022
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Indiana Commercial Foreclosure Law
1M ago
Lesson. In Indiana, the equitable defense of unclean hands requires proof of intentional misconduct. Case cite. United States Bank Nat'l Ass'n v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App. 2023) Legal issue. Whether Lender had unclean hands that precluded foreclosure....
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Indiana's Mortgage Release Obligations
Lender Entitled To Full Amount Of Insurance Proceeds From Fire Loss: Borrower Responsible For Own Attorney Fees
Borrower’s Loan Reinstatement-Related Promissory Estoppel Defense Dismissed
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Indiana Commercial Foreclosure Law
2M ago
Lesson. If a security interest involves both real and personal property, then the secured party may accept certain of the collateral in partial satisfaction of the obligation it secures. Case cite. United States Bank Nat'l Ass'n v. Spencer, 214 N.E.3d...
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What Is “Constructive Notice” In The Context Of Indiana Real Estate Law?
Indiana’s UCC Financing Statement Termination Obligations
Indiana's Mortgage Release Obligations
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Indiana Commercial Foreclosure Law
2M ago
Happy New Year. Forgive me for the extended break in the action here. Year-end projects, holidays, a bout of the flu, etc. prevented me from writing recently. Lesson. If you’re an assignee of a judgment, file a motion for substitution...
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Both An Appeal And A Bond Generally Are Required To Stay Proceedings Supplemental
Indiana Judgment Creditor Not Entitled To Post-Judgment Order Transferring Ownership Of Defendant’s Real Estate
What Is “Constructive Notice” In The Context Of Indiana Real Estate Law?
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Indiana Commercial Foreclosure Law
3M ago
Lesson. A money judgment that includes an award of attorney’s fees accrues statutory post-judgment interest. Case cite. Piccadilly Mgmt. v. Abney, 215 N.E.3d 1078 (Ind. Ct. App. 2023) Legal issue. Whether an award of attorney’s fees is separate from a...
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Indiana Supreme Court’s COVID Order Interpreted: Post-Judgment Interest
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Indiana Commercial Foreclosure Law
4M ago
Lesson. Indiana recognizes the remedy of prejudgment attachment, but the hoops through which plaintiffs must jump are challenging. Case cite. Vukadinovich v. Posner, 2023 U.S. Dist. LEXIS 114854 (N.D. Ind. 2023) Legal issue. Whether a plaintiff’s motion for prejudgment attachment...
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In Indiana, Prejudgment Attachment Requires A Bond
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Indiana Commercial Foreclosure Law
5M ago
Lesson. In Indiana, a judgment debtor (defendant) generally will be required to post a bond in order to stay (stop) proceedings supplemental (post-judgment collection efforts) during an appeal. Without a bond and a corresponding order of stay, proceedings supplemental can...
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Indiana Judgment Creditor Not Entitled To Post-Judgment Order Transferring Ownership Of Defendant’s Real Estate
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Orders Enforcing Settlement Agreements Are Not Money Judgments Giving Rise to Interest
&nbs ..read more