reglab/housing_qa huggingface dataset:
IN Code § 32-30-10.5-8.6 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-8.6. Pending Actions; Court's Authority to Order Continuing Payments on Mortgage; Payments to Be Held by Clerk or in Trust Account; Credits or Disbursements of Amounts Paid

Sec. 8.6. (a) This section applies to a mortgage foreclosure action that is filed after June 30, 2011.(b) During the pendency of an action to which this section applies, regardless of any stay that is issued by the court under section 8.5 of this chapter, if the debtor continues to occupy the dwelling that is the subject of the mortgage upon which the action is based, the court may issue a provisional order that requires the debtor to continue to make monthly payments with respect to the mortgage on which the action is based. The amount of the monthly payment:(1) shall be determined by the court, which may base its determination on the debtor's ability to pay; and(2) may not exceed the debtor's monthly obligation under the mortgage at the time the action is filed.(c) Payments made by a debtor under an order issued by the court under subsection (b) shall be made to:(1) the clerk of the court, who shall hold the payments in trust for the parties; or(2) an attorney trust account;as directed by the court. The funds held by the clerk or in an attorney trust account under this subsection may not be disbursed unless the court issues an order for their disbursement.(d) If the debtor and the creditor agree to enter into a foreclosure prevention agreement under section 10(e) of this chapter at any time after the debtor has made payments under an order issued by the court under subsection (b), the debtor is entitled to a credit of any amounts paid under the order.(e) In an action to which this section applies, if:(1) a judgment of foreclosure is issued by the court after the conditions set forth in section 9 of this chapter are met;(2) the debtor and the creditor agree to a deed in lieu of foreclosure; or(3) the debtor otherwise forfeits the dwelling that is the subject of the mortgage upon which the action is based;the debtor is not entitled to a refund of any payments made under an order issued by the court under subsection (b), and any amounts held in trust by the clerk of the court or in an attorney trust fund shall be disbursed to the creditor and credited against the amount of the judgment entered against the debtor or the amount otherwise owed by the debtor.As added by P.L.170-2011, SEC.10.
IN Code § 32-30-10.5-9 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-9. Conditions for Court's Issuance of Judgment of Foreclosure; Exceptions

Sec. 9. (a) Except as provided in sections 8(e) and 10(g) of this chapter and subsection (b), and subject to section 8.5 of this chapter, after June 30, 2009, a court may not issue a judgment of foreclosure under IC 32-30-10 on a mortgage subject to this chapter unless all of the following apply:(1) The creditor has given the notice required under section 8(c) of this chapter.(2) One (1) of the following applies:(A) The debtor does not contact the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter.(B) The debtor contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter and, upon conclusion of the settlement conference, the parties are unable to reach agreement on the terms of a foreclosure prevention agreement.(C) In a foreclosure action filed after June 30, 2011, the debtor:(i) contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter; and(ii) does not provide to the creditor and the court at least one (1) of the documents required as part of the debtor's loss mitigation package, as specified by the authority in the listing developed under section 10(i) of this chapter and included with the court's notice under section 10(a)(8) of this chapter, within the time specified in the court's notice under section 10(a)(3)(A) of this chapter.(3) At least sixty (60) days have elapsed since the date the notice required by section 8(a) of this chapter was sent.(b) If the court finds that a settlement conference would be of limited value based on the result of a prior loss mitigation effort between the creditor and the debtor:(1) a settlement conference is not required under this chapter; and(2) the conditions set forth in subsection (a) do not apply, and the foreclosure action may proceed as otherwise allowed by law.As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.11; P.L.102-2012, SEC.3.
IN Code § 32-30-10.5-11 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-11. Foreclosure Actions Filed Before July 1, 2009; Court's Duty to Provide Notice of Availability of Settlement Conference

Sec. 11. (a) This section applies to a mortgage foreclosure action with respect to which the creditor has filed the complaint in the proceeding before July 1, 2009, and the court having jurisdiction over the proceeding has not rendered a judgment of foreclosure before July 1, 2009.(b) In a mortgage foreclosure action to which this section applies, the court having jurisdiction of the action shall serve notice of the availability of a settlement conference under this chapter. The notice required by this section must inform the debtor that the debtor:(1) has the right to participate in a settlement conference, subject to section 9(b) of this chapter; and(2) may schedule a settlement conference by notifying the court, not later than thirty (30) days after the notice required by this section is served, of the debtor's intent to participate in a settlement conference.As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.13.
IN Code § 32-30-10.6-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.6. Determination of Abandonment for Property Subject to a Mortgage Foreclosure Action|32-30-10.6-1. Applicability

Sec. 1. This chapter applies to a mortgage foreclosure action filed under IC 32-30-10-3.As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.19; P.L.66-2014, SEC.20; P.L.247-2015, SEC.29.
IN Code § 32-30-10.6-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.6. Determination of Abandonment for Property Subject to a Mortgage Foreclosure Action|32-30-10.6-3. Abandonment Determination; Petition by Creditor or Enforcement Authority

Sec. 3. (a) At any time during a mortgage foreclosure action, the creditor may petition the court for a determination that the mortgaged property is abandoned. A petition filed with the court under this section must:(1) allege that the mortgaged property is abandoned; and(2) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.A petition under this section shall be served on the debtor in the manner prescribed by the Indiana Rules of Trial Procedure.(b) At any time during a mortgage foreclosure action, the enforcement authority that has jurisdiction in the location of the mortgaged property may petition the court for a determination that the mortgaged property is abandoned by filing a motion to intervene in the foreclosure action in the manner prescribed by the Indiana Rules of Trial Procedure. The motion to intervene must:(1) include a statement of the enforcement authority's jurisdiction in the location of the mortgaged property;(2) allege that the mortgaged property is abandoned; and(3) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.As added by P.L.102-2012, SEC.4.
IN Code § 32-30-10.6-4 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.6. Determination of Abandonment for Property Subject to a Mortgage Foreclosure Action|32-30-10.6-4. Court's Order to Show Cause; Contents; Appearance Date; Right to Present Evidence or Objections; Right to Counsel

Sec. 4. (a) Upon receiving a request for a determination of abandonment from a creditor through a petition or motion filed with the court and served on the required parties in accordance with section 3 of this chapter, the court shall issue an order to show cause as to why the property should not be found to be abandoned and a judgment in rem foreclosing the mortgage entered and directing the petitioner, the debtor, and any other person or party the court considers appropriate to appear before the court on a date and time specified in the order under subdivision (1). The court's order under this subsection must do the following:(1) Direct the parties subject to the order to appear before the court on a date and time specified by the court. The date specified under this subdivision must not be:(A) earlier than fifteen (15) days; or(B) later than twenty-five (25) days;after the date of the court's order under this section.(2) Notify the parties subject to the order that any party ordered to appear:(A) may present evidence or objections on the issue of abandonment to the court:(i) in writing before the appearance date specified by the court under subdivision (1); or(ii) in writing or by oral testimony on the date and at the time specified by the court under subdivision (1);in the manner specified by the court; and(B) has the right to be represented by an attorney when appearing before the court.(3) Notify the parties subject to the order that if a party fails to:(A) submit written evidence or objections to the court before the appearance date specified by the court under subdivision (1); or(B) appear before the court on the date and at the time specified by the court under subdivision (1);the party's failure to submit evidence or objections or to appear before the court will result in a finding of abandonment and the entry of an in rem judgment foreclosing the mortgage by the court.(b) A party subject to an order issued by the court under this section has the following rights, as described in the court's order under subsection (a):(1) The right to present evidence or objections on the issue of abandonment to the court:(A) in writing before the appearance date specified in the court's order under subsection (a)(1); or(B) in writing or by oral testimony on the date and at the time specified in the court's order under subsection (a)(1);in the manner specified by the court.(2) The right to be represented by an attorney when appearing before the court.As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.22; P.L.247-2015, SEC.33.
IN Code § 32-30-10.6-5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.6. Determination of Abandonment for Property Subject to a Mortgage Foreclosure Action|32-30-10.6-5. Prima Facie Evidence of Abandonment; Order Finding Abandonment and Judgment in Rem Foreclosing Mortgage

Sec. 5. (a) Subject to subsection (b), for purposes of an abandonment determination under this chapter, one (1) or more of the following constitute prima facie evidence that property is abandoned:(1) The enforcement authority that has jurisdiction in the location of the property has issued an order under IC 36-7-36-9 with respect to the property.(2) Windows or entrances to the property are boarded up or closed off.(3) Multiple window panes on the property are broken and unrepaired.(4) One (1) or more doors to the property are smashed through, broken off, unhinged, or continuously unlocked.(5) Gas service, electric service, water service, or other utility service to the property has been terminated.(6) Rubbish, trash, or debris has accumulated on the property.(7) The property is deteriorating and is either below or in imminent danger of falling below minimum community standards for public safety and sanitation.(8) The creditor has changed the locks on the property and for at least fifteen (15) days after the changing of the locks the owner has not requested entrance to the property.(9) There exist one (1) or more written statements, including documents of conveyance, that have been executed by the debtor, or by the debtor's personal representatives or assigns, and that indicate a clear intent to abandon the property.(10) There exists other evidence indicating a clear intent to abandon the property.(b) Regardless of whether any of the conditions described in subsection (a) are found to apply, the debtor's failure to either:(1) present evidence or objections on the issue of abandonment to the court in writing before the appearance date specified in the court's order under section 4(a)(1) of this chapter; or(2) appear before the court on the date specified in the court's order under section 4(a)(1) of this chapter;constitutes prima facie evidence that the property is abandoned.(c) If the court finds that:(1) one (1) or more of the conditions described in subsection (a) apply; or(2) the circumstances described in subsection (b) apply;the court shall issue an order finding that the property is abandoned and enter a judgment in rem foreclosing the mortgage.As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.23; P.L.247-2015, SEC.34.
IN Code § 32-30-11-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-1. Lis Pendens Record; Electronic Filing of Documents

Sec. 1. (a) Each clerk of the circuit court shall keep a lis pendens record. The lis pendens record is a public record. The clerk of the circuit court may keep the lis pendens record:(1) in hard copy form; or(2) in electronic form, if all information in the lis pendens record is available to the public to inspect or copy in the electronic form.(b) A person may file with the clerk of the circuit court, in accordance with the rules adopted by the Indiana supreme court governing electronic filing, an electronic filing of any document that is required to be filed as part of the lis pendens record under this chapter.[Pre-2002 Recodification Citation: 34-34-1-1.]As added by P.L.2-2002, SEC.15. Amended by P.L.78-2014, SEC.4; P.L.72-2018, SEC.14.
IN Code § 32-30-11-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-2. Suit Commenced Upon a Bond Payable to Indiana; Required Written Notice

Sec. 2. (a) This section applies to a suit commenced upon a bond payable to the state in any of the courts of Indiana or in a district court of the United States sitting in Indiana.(b) The plaintiff in the case shall file with the clerk of the circuit court a written notice containing:(1) the title of the court; and(2) the names of all parties to the suit and a statement that the suit is upon an official bond.[Pre-2002 Recodification Citation: 34-34-1-2.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-3. Suit to Enforce Certain Liens; Required Written Notice

Sec. 3. (a) This section applies to a person who commences a suit:(1) in any court of Indiana or in a district court of the United States sitting in Indiana;(2) by complaint as plaintiff or by cross-complaint as defendant; and(3) to enforce any lien upon, right to, or interest in any real estate upon any claim not founded upon:(A) an instrument executed by the party having the legal title to the real estate, as appears from the proper records of the county, and recorded as required by law; or(B) a judgment of record in the county in which the real estate is located, against the party having the legal title to the real estate, as appears from the proper records.(b) The person shall file, with the clerk of the circuit court in each county where the real estate sought to be affected is located, a written notice containing:(1) the title of the court;(2) the names of all the parties to the suit;(3) a description of the real estate to be affected; and(4) the nature of the lien, right, or interest sought to be enforced against the real estate.[Pre-2002 Recodification Citation: 34-34-1-3.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-4 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-4. Notice Filing

Sec. 4. The clerk shall:(1) record a notice filed under section 2 or 3 of this chapter in the lis pendens record; and(2) note upon the record the day and hour when the notice was filed and recorded.[Pre-2002 Recodification Citation: 34-34-1-4.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-5. Property Seized by Sheriff or Coroner; Required Written Notice; Fees

Sec. 5. (a) This section applies when a sheriff or coroner of a county in Indiana:(1) seizes upon real estate or an interest in real estate by virtue of a writ of attachment; or(2) levies upon real estate or an interest in real estate by virtue of an execution issued to the sheriff or coroner from any court other than the court of the county in which the sheriff or coroner resides.(b) At the time of the seizure or levy, the sheriff or coroner shall file with the clerk of the circuit court of the county a written notice setting forth:(1) the names of the parties to the proceedings upon which the writ of attachment or execution is founded; and(2) a description of the land seized or levied upon.The notice shall be recorded, as provided for in section 4 of this chapter.(c) The sheriff or coroner shall state, in the return to the attachment or execution, that notice has been filed. The sheriff or coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for making and filing the notice. However, the sheriff or coroner is not required to file the notice until the attachment or execution plaintiff provides the money to pay the clerk for filing and recording the notice.[Pre-2002 Recodification Citation: 34-34-1-5.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-6 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-6. Index of Notices Filed With Clerk

Sec. 6. Upon filing and recording the notices described in this chapter, the clerk shall index the notices by the names of each party whose interest in the real estate might be affected by the suit, attachment, or execution. The clerk shall maintain entries for each notice listing:(1) the plaintiff versus the names of all the defendants; and(2) each defendant whose real estate is sought to be affected at the suit of the plaintiff.[Pre-2002 Recodification Citation: 34-34-1-6.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-7 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-7. Final Determinations Adverse to Party Seeking to Enforce Lien; Satisfaction Entered in Lis Pendens Record

Sec. 7. Upon the final determination of any suit brought:(1) for the purposes described in section 2 or 3 of this chapter; and(2) adversely to the party seeking to enforce a lien upon, right to, or interest in the real estate;the court rendering the judgment shall order the proper clerk to enter in the lis pendens record a satisfaction of the lien, right, or interest sought to be enforced against the real estate. When the entry is made, the real estate is forever discharged from the lien, right, or interest.[Pre-2002 Recodification Citation: 34-34-1-7.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-8 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-8. Certificate of Dismissal or Satisfaction in Lis Pendens Record

Sec. 8. (a) This section applies when:(1) an attachment is dismissed or the judgment rendered on it is satisfied; or(2) the execution is satisfied without a sale of the lands seized or levied upon, or upon a redemption of the real estate within the time allowed by law after a sale of the real estate upon execution.(b) The clerk of the court that issued the attachment or execution shall make a certificate of the dismissal or satisfaction and:(1) enter the certificate upon the lis pendens record, if the appropriate record is kept in that clerk's office; or(2) forward the certificate to the county in which the real estate is located, to be recorded in the lis pendens record of that county.(c) When the certificate is entered or recorded, the real estate is discharged from the lien of attachment or execution.[Pre-2002 Recodification Citation: 34-34-1-8.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-9 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-9. Constructive Notice of Certain Actions; Delayed Until Required Written Notices Filed With Clerk

Sec. 9. (a) This section applies to the following:(1) Suits described in section 2 or 3 of this chapter.(2) The seizure of real estate under attachments and the levy of real estate under execution in the cases mentioned in section 5 of this chapter.(b) Actions referred to in subsection (a) do not:(1) operate as constructive notice of the pendency of the suit or of the seizure of or levy upon the real estate; or(2) have any force or effect as against bona fide purchasers or encumbrancers of the real estate;until the notices required by this section are filed with the proper clerk.[Pre-2002 Recodification Citation: 34-34-1-9.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-11-10 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 11. Lis Pendens|32-30-11-10. Orders Recorded in Lis Pendens Record; Notice

Sec. 10. (a) This section applies to orders granted by any court or judge in any cause or proceeding, whether upon a hearing or ex parte, that affect the disposition of real estate.(b) Orders described in subsection (a) may be recorded in the lis pendens record kept in the office of the clerk of the county in which the real estate affected is located.(c) An order recorded under subsection (b) shall be notice of the matters set forth in the order to all persons that are or may become interested in the real estate, and the provisions of the order take effect upon the real estate against any subsequent disposition of the real estate.[Pre-2002 Recodification Citations: 34-34-2-1; 34-34-2-2; 34-34-2-3.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-12-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 12. Judgments in Mortgage and Lien Actions|32-30-12-1. Action Upon Mortgage or Lien; Final Judgment Given in First Instance; Exception for Residential Mortgages

Sec. 1. Except as provided in IC 32-30-10.5 for mortgage transactions described in IC 32-30-10.5-5, it is not necessary in any action upon a mortgage or lien to give time for:(1) the payment of money; or(2) performing any other act.Final judgment may be given in the first instance.[Pre-2002 Recodification Citation: 32-15-8-1.]As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.21.
IN Code § 32-30-12-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 12. Judgments in Mortgage and Lien Actions|32-30-12-2. Sale of Mortgaged Property Ordered in All Cases

Sec. 2. In the foreclosure of a mortgage, the sale of the mortgaged property shall be ordered in all cases.[Pre-2002 Recodification Citation: 32-15-8-2.]As added by P.L.2-2002, SEC.15.