Posts Tagged ‘Daniel R. Robinson’

Domestication and Enforcement of Foreign Judgment in Indiana

Thursday, October 2nd, 2014

1por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

Creditors often obtain a judgment in one state but might be forced, for one reason or another, to attempt to collect in another state.  Fortunately, in Indiana, the process is extremely simple and quick. (more…)

Certain Indiana Business Entities Permitted to Establish Exclusive Jurisdiction

Tuesday, September 23rd, 2014

1por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

A recent change in Indiana law allows for certain business entities to establish exclusive jurisdiction in some circumstances.  (more…)

Effectively Collecting on Commercial Rent Assignments

Tuesday, July 29th, 2014

por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

Obtaining an assignment of rents on the front-end of a commercial loan secured by real estate is practically routine.  However, once the creditor obtains such an assignment, how does it actually go about collecting these rents when the borrower defaults?  (more…)

Don’t Forget About the Commercial Auctioneer Option

Tuesday, June 3rd, 2014

por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

In an economic commentary prepared by Thomas J. Fitzpatrick IV and Stephan Whitaker for the Federal Reserve Bank of Cleveland, it was projected that in weak economic markets lenders may be better off not taking properties into REO in the first place.  This conclusion, of course, was due in large part to the carrying costs associated with REO properties, which include keeping the property secure, complying with local housing codes, paying property taxes, marketing the property for sale, and so on.  Often, REO properties are also vacant which presents another set of challenges for local communities.  (more…)

Your Customer Just Filed Bankruptcy, Now What?

Tuesday, April 8th, 2014

por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

Time to write off the entire debt and move on, right?  Not so fast!

One common misconception I hear frequently is that all bankruptcy filings automatically mean no payment.  While this is certainly the case in some instances, it is not always true.    (more…)

Remember to Record or Face Potentially Devastating Consequences

Tuesday, March 11th, 2014

por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

The Indiana Court of Appeals recently re-affirmed the old adage “first in time is first in right” in a case involving priority between a land sale buyer and a mortgagee.  In its decision, the Court ultimately concluded that although a land sale contract was signed nearly five years before a mortgage on the same property was signed, the mortgage nevertheless had priority over the land sale contract since it was recorded first and there was no evidence the mortgagee had actual notice of the land sale contract.  Unfortunately, for the contract buyer, this meant his interest in the real estate was subordinate to the mortgage holder—a devastating result given that the property was in foreclosure and in all likelihood lacked sufficient equity to satisfy both liens. (more…)

What is Piercing the Corporate Veil?

Thursday, January 30th, 2014

por_Robinson_Daniel_RAuthor: Daniel R. Robinson (bio)

Phone: 812.452.3564

Email: [email protected]

Generally, owners of a corporation (shareholders) will not be personally liable for the acts or obligations of the corporation except to the extent of their investment or where they otherwise agreed to guarantee the corporation’s obligations.  The same typically holds true for officers and directors.  (more…)

Buyer Beware—Even in Asset Sales!

Thursday, September 5th, 2013

Business owners looking to expand their business will often contemplate purchasing the assets or stock of a related company.  Conventional wisdom dictates that asset sales are generally more preferable for the buyer due to the fact that the buyer is seemingly not assuming any of the seller’s liabilities.  (more…)

Should Delinquent Real Estate Taxes Be Paid Prior to a Sheriff’s Sale?

Thursday, August 1st, 2013

In Indiana, not only should delinquent real estate taxes be paid prior to the date of a sheriff’s sale, it is a requirement.  Under Indiana’s current mortgage foreclosure statute, before the date of a sheriff’s sale the party that filed the praecipe to initiate the sale is required to pay all delinquent property taxes, special assessments, penalties, and interest due and owing on the property.  (more…)

Determining Bid Strategy for an Indiana Sheriff’s Sale

Thursday, March 14th, 2013

The issue of bid strategy inevitably comes up prior to a sheriff’s sale.  Unfortunately, from the perspective of the lender/judgment holder, there is no one-size-fits-all approach in Indiana.  With each sale, there are a number of factors which must be considered.  (more…)