John D. Waller Law Blog

This follows up last week’s post regarding CitiMortgage.  In an effort to defeat ReCasa’s Ind. Code § 32-29-8-3 argument, Citi contended that an analysis of Section 3 was not necessary for the reason that the mortgagee of record was MERS.  Citi claimed that MERS,... Read More

The confusing role of Mortgage Electronic Registration Systems, Inc. (“MERS”) in the holding of mortgages has been a hot topic across the country for the last few years.  The May 17, 2011 opinion by the Indiana Court of Appeals in CitiMortgage v. Barabas, 2011 Ind. App. LEXIS 892 (.pdf) is the... Read More

USA Today has a telling piece regarding short sales on line:  Short sales, long waits:  Buyers and sellers find process frustrating.  The article focuses on the residential side, but does provide some insight into the process as it might apply to commercial transactions.  The main difference I see is the role that mortgage insurance... Read More

There are times when secured lenders need to utilize Indiana proceedings supplemental, for instance when they desire to recover a deficiency judgment from a borrower or, more likely, a guarantor.  A pair of Indiana Court of Appeals opinions, involving the same parties and decided on the same date, illustrate that trial courts have broad authority in proceedings... Read More

A July 7th article from Bloomberg Businessweek concluded that the Indiana Toll Road, which had been "held up as an example of public-private partnerships, shows no signs of breaking even for its conglomerate."  LINK.  Given the political backrop, it's hard to imagine  that it would ever come to this - but the article... Read More