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Expected Timeline: Five to seven months
Security Instrument: Mortgage
Type of Process: Judicial
Protections for Servicemembers: None.
Time to Respond: Homeowners have 30 days before filing complaint in court for foreclosure. Notice must be personally served and after complaint is filed, property may not be sold for three months. Notice of sale must be published for three consecutive weeks beginning at least 30 days before action is commenced.
Reinstatement Period: Available for high cost loans anytime before sale.
Protections for High-Cost Mortgages: Ind. Code § 24-9-5-1
Redemption Period: None.
Eviction Process: Former owners must be given five-day notice to quit. After that, new owner may request possession from court.
Deficiency Judgments: Allowed if authorized by loan documents and if borrowers do not waive applicable waiting period.
Limits on Deficiency Judgments: If there is an agreement and an applicable waiting period is not waived, a deficiency judgment may be obtained.
Cash Exempted in Bankruptcy: $300 for single person, $600 for married couples.
State Statutes: Ind Code § 32-30-10-1 to 32-30-10-14, 32-29-1-1 to 32-39-1-11, 32-29-7-1 to 32-29-7-14
In Indiana, Non-Judicial Foreclosure process is not an option. Foreclosures are handled through the court system. The lender must sue the borrower and obtain an order to foreclose. The lender then must wait from three (3) to twelve (12) months before proceeding with the foreclosure. This time frame depends on the original date the mortgage was executed. The borrower may waive this right to redeem the property, but if he does so, the lender may not sue the borrower for a deficiency judgment, in the event the property does not sell for an amount that pays the due loan balance, plus costs.
The court will issue a notice of sale that the county sheriff must post weekly for three (3) consecutive weeks in a newspaper that is in general circulation in the county in which the property is located. The first publication must be thirty (30) days prior to the sale. Also, the notice must be served to the borrower and posted in at least three public places in the township where the property is located.
The sheriff conducts the sale on the date specified in the notice between the hours of 10:00 am and 4:00 pm . The high bidder receives a deed to the property.
The borrower has no right to redeem the property after the sale, and the lender may sue the borrower for a deficiency judgment.
State Website: www.ai.org/legislature
Foreclosure Process