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John Waller
John Waller
 
Email John D. Waller
Phone: 317.860.5375 vcard
Contact
John.Waller@WoodenMcLaughlin.com
(317) 860-5375 (Direct)

211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, IN 46204
Legal Secretary
Shannon Spencer
Shannon.Spencer@WoodenMcLaughlin.com
Education
DePauw University, B.A., 1990
Indiana University School of Law, J.D., 1993
Personal
Born, Washington, Indiana, 1968
Married, three sons
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John D. Waller
Partner

John protects the interests of lenders, borrowers and guarantors when businesses default on secured loans.  This includes:

  • Serving as an advocate during the work out of underperforming loans
  • Filing and defending lawsuits to enforce promissory notes, guaranties and other written contracts
  • Foreclosing mortgages and enforcing personal property security interests
  • Preserving loan collateral by applying for court-ordered receiverships
  • Protecting lien rights in bankruptcy court
  • Purchasing or selling distressed loans
  • Representing court-appointed receivers
  • Acting as local counsel for out-of-state lawyers who need to enforce liens within Indiana

John's practice also includes:

  • Representing mortgage loan servicers and the corresponding trusts/investors in contested residential foreclosures, title insurance claims, and tax sale disputes
  • Asserting the rights of parties in complex, real estate-related litigation
  • Representing companies and individuals in contract disputes

NOTE:
John publishes the blog "Indiana Commercial Foreclosure Law" at http://commercialforeclosureblog.typepad.com.

Representative Cases

Creditors' Rights and Liabilities

  • In 2016, John was lead counsel in a four-day court trial in Vanderburgh County for a lender and its broker.  In addition to prosecuting the client's commercial foreclosure claim having a value in excess of $3.0M, John defended the client against a multitude of contract and tort counterclaims asserted by the borrower.
  • In 2015, a borrower retained John to serve as an expert witness in a legal malpractice case against the borrower's attorney, who had represented the borrower in a commercial mortgage foreclosure action in Indiana.  John testified for the borrower at a jury trial held in Chicago.
  • Beginning in late 2009 through 2012, John represented the largest secured creditor of a substantial local home builder.  The client held a multi-million dollar loan secured by dozens of lots spread over several Central Indiana counties.  The engagement started with a contested receivership proceeding, which was stayed by the filing of an involuntary Chapter 7 bankruptcy case.  John got the client relief from the automatic stay in bankruptcy court and then negotiated a partial settlement that resulted in the borrower’s transfer of a block of lots to the client in lieu of a foreclosure.  The remaining thirty-seven lots, which involved multiple other liens, were the subject of a mortgage foreclosure suit John filed on behalf of the client.  John obtained a summary judgment and decree of foreclosure for the client, and then worked with the client to sell the judgment and loan to a third party.  John subsequently was engaged by the third party assignee to oversee the thirty-seven foreclosure sales.
  • In 2012 and 2013, John and his team were counsel for a real estate investor in connection with the purchase of a distressed commercial mortgage loan.  John initiated a foreclosure action and successfully got a receiver appointed over the subject property, a multi-use building.  He and his team next secured a summary judgment.  Immediately before the sheriff’s sale, the borrower filed a Chapter 11 bankruptcy case.  John and his team promptly filed a motion to dismiss the bankruptcy action, which motion resulted in a two-day evidentiary hearing.  The court dismissed the case.  The firm’s client is now the owner of the project.

Business Disputes/General Litigation & Dispute Resolution

  • In 2014, John and his team represented a party that, with a partner, invested in the development of two properties in Indiana.  Each investment was secured by a mortgage.  The client’s partner defaulted under both deals.  In one case, the client’s partner, who was the owner of the property, sold the real estate, without notifying the client, and failed to pay the client its agreed-upon return.  Further, the sale occurred subject to the client’s mortgage, which the purchaser’s title company overlooked at closing.  John and his team initiated a breach of contract action against the client’s partner and a statutory strict foreclosure action against the new owner of the property.  The strict foreclosure action evolved into a title dispute with the new owner’s title insurance company.  Ultimately, the trial court granted summary judgment in favor of the client (in effect, against the title company).  Shortly before the sheriff’s sale, the title company paid what amounted to policy limits to the firm’s client.
  • In September, 2011, John was lead trial counsel for a builder in a construction dispute that involved mechanic’s lien and fraud claims.  The trial lasted a total of nine days in Johnson County, Indiana.

Best Lawyers Award Badge

Best Lawyers Award Badge

John D. Waller - Partner

Practice Areas
  • Banking & Financial Institutions
  • Business Disputes
  • Creditors' Rights & Liabilities
  • General Litigation & Dispute Resolution
  • Real Estate & Construction Disputes
Industries Served
  • Family & Closely Held Businesses
  • Financial Institutions & Services
Professional Profile

John protects the interests of lenders, borrowers and guarantors when businesses default on secured loans.  This includes:

  • Serving as an advocate during the work out of underperforming loans
  • Filing and defending lawsuits to enforce promissory notes, guaranties and other written contracts
  • Foreclosing mortgages and enforcing personal property security interests
  • Preserving loan collateral by applying for court-ordered receiverships
  • Protecting lien rights in bankruptcy court
  • Purchasing or selling distressed loans
  • Representing court-appointed receivers
  • Acting as local counsel for out-of-state lawyers who need to enforce liens within Indiana

John's practice also includes:

  • Representing mortgage loan servicers and the corresponding trusts/investors in contested residential foreclosures, title insurance claims, and tax sale disputes
  • Asserting the rights of parties in complex, real estate-related litigation
  • Representing companies and individuals in contract disputes

NOTE:
John publishes the blog "Indiana Commercial Foreclosure Law" at http://commercialforeclosureblog.typepad.com.

Bar and Court Admissions
  • Admitted in Indiana, the U.S. District Courts for the Southern and Northern Districts of Indiana, and the 7th Circuit Court of Appeals
Education
  • DePauw University, B.A., 1990
  • Indiana University School of Law, J.D., 1993
Professional Associations & Achievements
  • AV Martindale-Hubbell Peer Review Rated
  • In November 2006, John began publishing the blog "Indiana Commercial Foreclosure Law," perhaps the only website dedicated to commercial foreclosure-related issues in the Country and one of the first specialized blogs of its kind in Indiana.
  • Selected for inclusion in "The Best Lawyers in America" ®, 2015 and 2016 in the field of Mortgage Banking Foreclosure Law
  • Named an Indiana Super Lawyer in 2004, 2011 - 2016.
  • Completion of week-long professional training program in trial skills presented by the National Institute for Trial Advocacy.
  • Presenter, 2014 BKD Financial Services Symposium
  • Presenter, National Business Institute Foreclosure Seminar/CLE: 2011, 2010, 2009, and 2008.
  • Presenter, RMA Central Indiana Chapter, Commercial Real Estate Foreclosure Program: 2010 and 2008.
  • Member, Indianapolis and Indiana State Bar Associations

Representative Cases

Creditors' Rights and Liabilities

  • In 2016, John was lead counsel in a four-day court trial in Vanderburgh County for a lender and its broker.  In addition to prosecuting the client's commercial foreclosure claim having a value in excess of $3.0M, John defended the client against a multitude of contract and tort counterclaims asserted by the borrower.
  • In 2015, a borrower retained John to serve as an expert witness in a legal malpractice case against the borrower's attorney, who had represented the borrower in a commercial mortgage foreclosure action in Indiana.  John testified for the borrower at a jury trial held in Chicago.
  • Beginning in late 2009 through 2012, John represented the largest secured creditor of a substantial local home builder.  The client held a multi-million dollar loan secured by dozens of lots spread over several Central Indiana counties.  The engagement started with a contested receivership proceeding, which was stayed by the filing of an involuntary Chapter 7 bankruptcy case.  John got the client relief from the automatic stay in bankruptcy court and then negotiated a partial settlement that resulted in the borrower’s transfer of a block of lots to the client in lieu of a foreclosure.  The remaining thirty-seven lots, which involved multiple other liens, were the subject of a mortgage foreclosure suit John filed on behalf of the client.  John obtained a summary judgment and decree of foreclosure for the client, and then worked with the client to sell the judgment and loan to a third party.  John subsequently was engaged by the third party assignee to oversee the thirty-seven foreclosure sales.
  • In 2012 and 2013, John and his team were counsel for a real estate investor in connection with the purchase of a distressed commercial mortgage loan.  John initiated a foreclosure action and successfully got a receiver appointed over the subject property, a multi-use building.  He and his team next secured a summary judgment.  Immediately before the sheriff’s sale, the borrower filed a Chapter 11 bankruptcy case.  John and his team promptly filed a motion to dismiss the bankruptcy action, which motion resulted in a two-day evidentiary hearing.  The court dismissed the case.  The firm’s client is now the owner of the project.

Business Disputes/General Litigation & Dispute Resolution

  • In 2014, John and his team represented a party that, with a partner, invested in the development of two properties in Indiana.  Each investment was secured by a mortgage.  The client’s partner defaulted under both deals.  In one case, the client’s partner, who was the owner of the property, sold the real estate, without notifying the client, and failed to pay the client its agreed-upon return.  Further, the sale occurred subject to the client’s mortgage, which the purchaser’s title company overlooked at closing.  John and his team initiated a breach of contract action against the client’s partner and a statutory strict foreclosure action against the new owner of the property.  The strict foreclosure action evolved into a title dispute with the new owner’s title insurance company.  Ultimately, the trial court granted summary judgment in favor of the client (in effect, against the title company).  Shortly before the sheriff’s sale, the title company paid what amounted to policy limits to the firm’s client.
  • In September, 2011, John was lead trial counsel for a builder in a construction dispute that involved mechanic’s lien and fraud claims.  The trial lasted a total of nine days in Johnson County, Indiana.

Best Lawyers Award Badge

Best Lawyers Award Badge

Personal
  • Born, Washington, Indiana, 1968
  • Married, three sons

Practice Areas
Banking & Financial Institutions
Business Disputes
Creditors' Rights & Liabilities
General Litigation & Dispute Resolution
Real Estate & Construction Disputes
Industries Served
Family & Closely Held Businesses
Financial Institutions & Services
Bar & Court Admissions
Admitted in Indiana, the U.S. District Courts for the Southern and Northern Districts of Indiana, and the 7th Circuit Court of Appeals
Professional Associations & Achievements
AV Martindale-Hubbell Peer Review Rated
In November 2006, John began publishing the blog "Indiana Commercial Foreclosure Law," perhaps the only website dedicated to commercial foreclosure-related issues in the Country and one of the first specialized blogs of its kind in Indiana.
Selected for inclusion in "The Best Lawyers in America" ®, 2015 and 2016 in the field of Mortgage Banking Foreclosure Law
Named an Indiana Super Lawyer in 2004, 2011 - 2016.
Completion of week-long professional training program in trial skills presented by the National Institute for Trial Advocacy.
Presenter, 2014 BKD Financial Services Symposium
Presenter, National Business Institute Foreclosure Seminar/CLE: 2011, 2010, 2009, and 2008.
Presenter, RMA Central Indiana Chapter, Commercial Real Estate Foreclosure Program: 2010 and 2008.
Member, Indianapolis and Indiana State Bar Associations