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W&M Wooden & McLaughlin
PH 317.639.6151
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Attorneys
 
John Waller
John Waller
 
Email John D. Waller
Phone: 317.860.5375 vcard
Contact
jwaller@woodmclaw.com
(317) 860-5375 (Direct)
(317) 639-6151 (Phone)

211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, IN 46204
Legal Secretary
Shannon Spencer
sspencer@woodmclaw.com
Education
DePauw University, B.A., 1990
Indiana University School of Law, J.D., 1993
Personal
Member, Board of Directors of the American Red Cross of Greater Indianapolis; Secretary and Executive Committee member from 2005-2008.
Born, Washington, Indiana, 1968
Married, three sons
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John D. Waller
Partner

John protects the interests of lenders, banks and other parties 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
  • Acting as local counsel for out-of-state lawyers who need to foreclose liens within Indiana

John's practice also includes:

  • Asserting the rights of creditors and other parties in complex, real estate-related litigation
  • Defending medical malpractice lawsuits 
  • Representing companies and individuals in a wide variety of disputes, trials and appeals

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

Representative Cases

Creditors' Rights and Liabilities

  1. Beginning in late 2009 through 2012, John represented the largest secured creditor of a substantial local home builder that is now defunct.  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 Marion County receivership proceeding, which was stayed by the filing of an involuntary Chapter 7 bankruptcy case in the Southern District of Indiana.  John and his colleagues 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 in Boone County.  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 conducted by the Boone County Sheriff.  
  2. An out-of-state real estate investment firm retained John in 2010 in connection with the purchase of three distressed loans secured by three apartment complexes in Indianapolis.  John assisted with the acquisition of the loans, and appeared for the new mortgagee in the three existing foreclosure and receivership suits.  John promptly obtained three judgments and foreclosure decrees for the client in a combined amount of $38.6 million.  John then oversaw the sheriff’s sales of the three properties and had the receiverships terminated.
  3. In 2009, on behalf of two different banking clients, John obtained summary judgments and foreclosure decrees, and handled sheriff’s sales, in connection with commercial real estate properties on the northwest and southwest quadrants of the intersection of Keystone Avenue and 86th Street in Indianapolis.  The judgment amounts in the two cases totaled about $12,000,000.

Business Disputes/General Litigation & Dispute Resolution

  1. 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.
  2. In August, 2010, John defended a hospital client of the firm's in a five-day medical malpractice jury trial in Vigo County, Indiana. 
  3. In 2008, John was lead counsel in a closely-held corporation dispute.  He defended a minority shareholder in connection with a $2,500,000 claim in the United States District Court for the Southern District of Indiana.  All shareholders were parties to the litigation in which the firm's client alleged he was being frozen out of the corporation by the majority shareholder.  After motions practice, extensive written discovery and depositions, John successfully negotiated an out-of-court settlement, without the need for formal mediation, which was the client’s goal.

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
  • Health Care
Professional Profile

John protects the interests of lenders, banks and other parties 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
  • Acting as local counsel for out-of-state lawyers who need to foreclose liens within Indiana

John's practice also includes:

  • Asserting the rights of creditors and other parties in complex, real estate-related litigation
  • Defending medical malpractice lawsuits 
  • Representing companies and individuals in a wide variety of disputes, trials and appeals

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

Bar and Court Admissions
  • Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana and the Seventh Circuit Court of Appeals
Education
  • DePauw University, B.A., 1990
  • Indiana University School of Law, J.D., 1993
Professional Associations & Achievements
  • 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 in the field of Mortgage Banking Foreclosure Law
  • Named an Indiana Super Lawyer in 2004, 2011 - 2014.
  • Completion of week-long professional training program in trial skills presented by the National Institute for Trial Advocacy.
  • 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

  1. Beginning in late 2009 through 2012, John represented the largest secured creditor of a substantial local home builder that is now defunct.  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 Marion County receivership proceeding, which was stayed by the filing of an involuntary Chapter 7 bankruptcy case in the Southern District of Indiana.  John and his colleagues 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 in Boone County.  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 conducted by the Boone County Sheriff.  
  2. An out-of-state real estate investment firm retained John in 2010 in connection with the purchase of three distressed loans secured by three apartment complexes in Indianapolis.  John assisted with the acquisition of the loans, and appeared for the new mortgagee in the three existing foreclosure and receivership suits.  John promptly obtained three judgments and foreclosure decrees for the client in a combined amount of $38.6 million.  John then oversaw the sheriff’s sales of the three properties and had the receiverships terminated.
  3. In 2009, on behalf of two different banking clients, John obtained summary judgments and foreclosure decrees, and handled sheriff’s sales, in connection with commercial real estate properties on the northwest and southwest quadrants of the intersection of Keystone Avenue and 86th Street in Indianapolis.  The judgment amounts in the two cases totaled about $12,000,000.

Business Disputes/General Litigation & Dispute Resolution

  1. 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.
  2. In August, 2010, John defended a hospital client of the firm's in a five-day medical malpractice jury trial in Vigo County, Indiana. 
  3. In 2008, John was lead counsel in a closely-held corporation dispute.  He defended a minority shareholder in connection with a $2,500,000 claim in the United States District Court for the Southern District of Indiana.  All shareholders were parties to the litigation in which the firm's client alleged he was being frozen out of the corporation by the majority shareholder.  After motions practice, extensive written discovery and depositions, John successfully negotiated an out-of-court settlement, without the need for formal mediation, which was the client’s goal.

Personal
  • Member, Board of Directors of the American Red Cross of Greater Indianapolis; Secretary and Executive Committee member from 2005-2008.
  • 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
Health Care
Bar & Court Admissions
Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana and the Seventh Circuit Court of Appeals
Professional Associations & Achievements
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 in the field of Mortgage Banking Foreclosure Law
Named an Indiana Super Lawyer in 2004, 2011 - 2014.
Completion of week-long professional training program in trial skills presented by the National Institute for Trial Advocacy.
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