reglab/housing_qa huggingface dataset:
IN Code § 32-30-10-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-2. "Economically Feasible"; Required Findings

Sec. 2. For purposes of section 9 of this chapter, the sale of a property through the services of an auctioneer is "economically feasible" if the court determines that:(1) a reasonable probability exists that, with the use of the services of an auctioneer, a valid and enforceable bid will be made at a foreclosure for a sale price equal to or greater than the amount of the judgment and the costs and expenses necessary to its satisfaction, including the costs of the auctioneer; and(2) the reasonable probability would not exist without the use of an auctioneer.[Pre-2002 Recodification Citation: 32-15-6-6.5 part.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-3. Mortgagee's Right to Foreclose if Mortgagor Defaults; Venue

Sec. 3. (a) Subject to IC 32-30-10.5 with respect to mortgage transactions described in IC 32-30-10.5-5, if a mortgagor defaults in the performance of any condition contained in a mortgage, the mortgagee or the mortgagee's assigns may proceed in the circuit court, superior court, or probate court of the county where the real estate is located to foreclose the equity of redemption contained in the mortgage.(b) If the real estate is located in more than one (1) county, the circuit court, superior court, or probate court of any county in which the real estate is located has jurisdiction for an action for the foreclosure of the equity of redemption contained in the mortgage.[Pre-2002 Recodification Citation: 32-15-6-1.]As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.18; P.L.84-2016, SEC.144.
IN Code § 32-30-10-4 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-4. Remedy

Sec. 4. If there is not an express agreement in the mortgage or a separate instrument for the payment of the sum secured by the mortgage, the remedy of the mortgagee is confined to the property mortgaged.[Pre-2002 Recodification Citation: 32-15-6-2.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-5. Judgment of Foreclosure; Personal Judgment; Sale of Property

Sec. 5. In rendering judgment of foreclosure, the courts shall:(1) give personal judgment against any party to the suit liable upon any agreement for the payment of any sum of money secured by the mortgage; and(2) order the mortgaged premises, or as much of the mortgaged premises as may be necessary to satisfy the mortgage and court costs, to be sold first before the sale of other property of the defendant.The judgment is satisfied by the payment of the mortgage debt, with interest and costs, at any time before sale.[Pre-2002 Recodification Citation: 32-15-6-3.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-6 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-6. Satisfaction of Judgment; Recording; Recorder's Fee

Sec. 6. Upon:(1) the foreclosure of a recorded mortgage in a court of any county having jurisdiction in Indiana; and(2) the payment and satisfaction of the judgment as may be rendered in the foreclosure proceeding;the prevailing party shall immediately after satisfaction of the judgment record the satisfaction of the mortgage on the records of the recorder's office of the county where the property is located. The record in foreclosure and satisfaction must show that the whole debt, secured by the mortgage, has been paid. The recorder must be paid a fee of not more than the amount specified in IC 36-2-7-10(c)(1) in each case of foreclosure requiring satisfaction.[Pre-2002 Recodification Citation: 32-15-6-4.]As added by P.L.2-2002, SEC.15. Amended by P.L.127-2017, SEC.14.
IN Code § 32-30-10-7 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-7. Balance Due and Costs That Remain Unsatisfied Levied on Any Property of Debtor

Sec. 7. If there is an express written agreement for the payment of the sum of money that is secured by a mortgage or a separate instrument, the court shall direct in the order of sale that the balance due on the mortgage and costs that may remain unsatisfied after the sale of the mortgaged premises be levied on any property of the mortgage-debtor.[Pre-2002 Recodification Citation: 32-15-6-5.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-8 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-8. Order of Sale; Certification; Sheriff's Sale; Sale of Remaining Property to Pay Unsatisfied Judgment, Interest, and Costs

Sec. 8. (a) The copy of the court's order of sale and judgment shall be issued and certified by the clerk under the seal of the court to the sheriff.(b) After receiving the order under subsection (a), the sheriff shall proceed to sell the mortgaged premises, or as much of the mortgaged premises as is necessary to satisfy the judgment, interest, and costs. If any part of the judgment, interest, and costs remain unsatisfied after the sale of the mortgaged premises, the sheriff shall proceed to sell the remaining property of the defendant. If the mortgaged property is located in more than one (1) county, a common description of the property, the sale of the property, and the location of the sale must be advertised in each county where the property is located.[Pre-2002 Recodification Citation: 32-15-6-6.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-9 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-9. Manner of Sale; Use of Auctioneer; Auctioneer's Fee

Sec. 9. (a) A sheriff shall sell property on foreclosure in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer and sale.(b) Upon prior petition of the debtor or a creditor involved in the foreclosure proceedings, the court in its order of foreclosure shall order the property sold by the sheriff through the services of the auctioneer requested by the petitioner and approved by the court if:(1) the court determines that a sale is economically feasible; or(2) all the creditors in the proceedings agree to both that method of sale and the compensation to be paid the auctioneer.(c) The sheriff shall engage the auctioneer not later than fourteen (14) calendar days after the date of the order entered by the court under subsection (b). The auctioneer shall schedule the auction and conduct the auctioneer's activities as appropriate to bring the highest bid for the property on foreclosure. The advertising conducted by the auctioneer is in addition to any other notice required by law.(d) The auctioneer's fee must be a reasonable amount stated in the court's order. However, if the sale by use of an auctioneer has not been agreed to by the creditors in the proceedings and the sale price is less than the amount of the judgment and the costs and expenses necessary to the satisfaction of the judgment, the auctioneer is entitled only to the auctioneer's advertising expenses plus one hundred dollars ($100). The amount due to the auctioneer on account of the auctioneer's expenses and fee, if any, must be paid as a cost of the sale from the proceeds before the payment of any other payment.[Pre-2002 Recodification Citation: 32-15-6-6.5 part.]As added by P.L.2-2002, SEC.15. Amended by P.L.167-2005, SEC.2.
IN Code § 32-30-10-10 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-10. Mutually Exclusive Actions

Sec. 10. A plaintiff may not:(1) proceed to foreclose the mortgagee's mortgage:(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;(B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or(C) until the notice under IC 32-30-10.5-8(a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5; or(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.[Pre-2002 Recodification Citation: 32-15-6-7.]As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.
IN Code § 32-30-10-11 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-11. Payment of Principal, Interest, and Costs Before Final Judgment; Dismissal; Payment After Final Judgment; Stay

Sec. 11. (a) If:(1) a complaint is filed for the foreclosure of a mortgage;(2) any interest or installment of the principal is due, but no other installments are due; and(3) the defendant pays the court the principal and interest due, with costs, at any time before final judgment;the complaint must be dismissed.(b) If the defendant pays the court the principal and interest due after the final judgment, the proceedings on the final judgment must be stayed. However, the stay may be removed upon a subsequent default in the payment of any installment of the principal or interest after the payment is due.(c) In the final judgment, the court shall direct at what time and upon what default any subsequent execution shall issue.[Pre-2002 Recodification Citation: 32-15-6-8.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-12 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-12. Sale of Property in Parcels

Sec. 12. (a) In cases under this chapter, the court shall ascertain whether the property can be sold in parcels. If the property can be sold in parcels without injury to the interest of the parties, the court shall direct that only as much of the premises be sold as will be sufficient to pay the amount due on the mortgage, with costs, and the judgment shall remain and be enforced upon any subsequent default, unless the amount due is paid before execution of the judgment is completed.(b) If the mortgaged premises cannot be sold in parcels, the court shall order the whole mortgaged premises to be sold.[Pre-2002 Recodification Citations: 32-15-6-9; 32-15-6-10.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-13 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-13. Endorsement of an Execution Issued on a Judgment

Sec. 13. If an execution is issued on a judgment recovered for a debt secured by mortgage of real property, the plaintiff shall endorse on the execution a brief description of the mortgaged premises. However, the equity of redemption may not be sold on the execution of judgment.[Pre-2002 Recodification Citation: 32-15-6-11.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-10-14 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10. Mortgage Foreclosure Actions|32-30-10-14. Application of Proceeds of Sale; Disposition of Excess Proceeds

Sec. 14. The proceeds of a sale described in IC 32-29-7 or section 8 or 12(b) of this chapter must be applied in the following order:(1) Expenses of the offer and sale, including expenses incurred under IC 32-29-7-4 or section 9 of this chapter (or IC 34-1-53-6.5 or IC 32-15-6-6.5 before their repeal).(2) The payment of the principal due, interest, and costs not described in subdivision (1).(3) The residue secured by the mortgage and not due.(4) If the residue referred to in subdivision (3) does not bear interest, a deduction must be made by discounting the legal interest.In all cases in which the proceeds of sale exceed the amounts described in subdivisions (1) through (4), the surplus must be paid to the clerk of the court to be transferred, as the court directs, to the mortgage debtor, mortgage debtor's heirs, or other persons assigned by the mortgage debtor.[Pre-2002 Recodification Citation: 32-15-6-12.]As added by P.L.2-2002, SEC.15. Amended by P.L.88-2009, SEC.3; P.L.182-2009(ss), SEC.390; P.L.73-2010, SEC.9.
IN Code § 32-30-10.3-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.3. State Regulation of Mortgage Foreclosures|32-30-10.3-1. State Preemption of Mortgage Foreclosure Regulation

Sec. 1. The state is the sole regulator of the process of mortgage foreclosures, including the duties and obligations of borrowers and lenders in connection with mortgage foreclosures. This chapter preempts all other regulation of the process of mortgage foreclosures by a political subdivision.As added by P.L.247-2015, SEC.28.
IN Code § 32-30-10.3-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.3. State Regulation of Mortgage Foreclosures|32-30-10.3-2. "Political Subdivision"

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.As added by P.L.247-2015, SEC.28.
IN Code § 32-30-10.3-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.3. State Regulation of Mortgage Foreclosures|32-30-10.3-3. Prohibited Acts by Political Subdivisions

Sec. 3. A political subdivision may not do any of the following:(1) Enact, issue, or enforce ordinances, resolutions, regulations, orders, requests for proposals, or requests for bids pertaining to mortgage foreclosure activities or practices and rules that disqualify persons from doing business with a municipality and that are based upon mortgage foreclosure activities or practices.(2) Impose reporting requirements or any other obligations upon persons regarding mortgage foreclosure activities or practices or upon subsidiaries or affiliates that:(A) are subject to the jurisdiction of the department of financial institutions;(B) are subject to the jurisdiction or regulatory supervision of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, the United States Department of Housing and Urban Development or the Federal Housing Finance Agency;(C) are chartered by the United States Congress to engage in secondary market mortgage transactions;(D) are created by the Indiana housing and community development authority; or(E) originate, purchase, sell, assign, securitize, or service property interests or obligations created by financial transactions or loans made, executed, originated, or purchased by persons referred to in clauses (A), (B), (C), or (D).As added by P.L.247-2015, SEC.28.
IN Code § 32-30-10.5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-1. Legislative Findings; Purpose

Sec. 1. (a) The general assembly makes the following findings:(1) Indiana faces a serious threat to its state economy and to the economies of its political subdivisions because of Indiana's high rate of residential mortgage foreclosures, which constitutes an emergency.(2) Indiana's high rate of residential mortgage foreclosures has adversely affected property values in Indiana, and may have an even greater adverse effect on property values if the foreclosure rate continues to rise.(3) It is in the public interest for the state to modify the foreclosure process to encourage mortgage modification alternatives.(b) The purpose of this chapter is to avoid unnecessary foreclosures of residential properties and thereby provide stability to Indiana's statewide and local economies by:(1) requiring early contact and communications among creditors, their authorized agents, and debtors in order to engage in negotiations that could avoid foreclosure; and(2) facilitating the modification of residential mortgages in appropriate circumstances.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-1.2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-1.2. "Authority"

Sec. 1.2. As used in this chapter, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3.As added by P.L.170-2011, SEC.5.
IN Code § 32-30-10.5-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-2. "Creditor"

Sec. 2. (a) As used in this chapter, "creditor" means a person:(1) that regularly engages in the extension of mortgages that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and(2) to which the obligation is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract.(b) The term includes a mortgage servicer.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-3. "Debtor"

Sec. 3. As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-4 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-4. "Foreclosure Prevention Agreement"

Sec. 4. As used in this chapter, "foreclosure prevention agreement" means a written agreement that:(1) is executed by both the creditor and the debtor; and(2) offers the debtor an individualized plan that may include:(A) a temporary forbearance with respect to the mortgage;(B) a reduction of any arrearage owed by the debtor;(C) a reduction of the interest rate that applies to the mortgage;(D) a repayment plan;(E) a deed in lieu of foreclosure;(F) reinstatement of the mortgage upon the debtor's payment of any arrearage;(G) a sale of the property; or(H) any loss mitigation arrangement or debtor relief plan established by federal law, rule, regulation, or guideline.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-4.7 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-4.7. "Loss Mitigation Package"

Sec. 4.7. As used in this chapter, "loss mitigation package" means a set of documents, the components of which:(1) are specified by the authority under section 10(i) of this chapter;(2) provide information about a debtor's present and projected future income, expenses, assets, and liabilities; and(3) are necessary for a creditor to make underwriting decisions or other determinations in connection with a potential foreclosure prevention agreement with the debtor to whom the documents apply.As added by P.L.170-2011, SEC.6.
IN Code § 32-30-10.5-5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-5. "Mortgage"

Sec. 5. (a) As used in this chapter, "mortgage" means:(1) a loan; or(2) a consumer credit sale;that is or will be used by the debtor primarily for personal, family, or household purposes and that is secured by a mortgage (or another equivalent consensual security interest) that constitutes a first lien on a dwelling or on residential real estate upon which a dwelling is constructed or intended to be constructed.(b) The term does not include a land contract (as defined in IC 24-4.4-1-301(36)) or similar agreement in which the debtor does not possess a deed.As added by P.L.105-2009, SEC.20. Amended by P.L.89-2011, SEC.76; P.L.170-2011, SEC.7; P.L.6-2012, SEC.211.
IN Code § 32-30-10.5-6 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-6. "Mortgage Foreclosure Counselor"

Sec. 6. As used in this chapter, "mortgage foreclosure counselor" means a foreclosure prevention counselor who is part of, or has been trained or certified by, the Indiana Foreclosure Prevention Network.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-7 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-7. "Mortgage Servicer"

Sec. 7. As used in this chapter, "mortgage servicer" means the last person to whom:(1) a debtor in a mortgage; or(2) the debtor's successor in interest;has been instructed to send payments on the mortgage.As added by P.L.105-2009, SEC.20.
IN Code § 32-30-10.5-8.5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages|32-30-10.5-8.5. Debtor's Request for Settlement Conference; Court to Stay Granting of Dispositive Motion and to Treat Request as Appearance by Debtor

Sec. 8.5. (a) This section applies to the following:(1) A mortgage foreclosure action with respect to which:(A) the creditor has filed the complaint in the proceeding before July 1, 2011;(B) the debtor has contacted the court under section 8(c) of this chapter or under section 11(b) of this chapter to schedule a settlement conference under this chapter; and(C) the court having jurisdiction over the action has not:(i) issued a stay in the foreclosure proceedings pending the conclusion of the settlement conference under this chapter;(ii) issued a default judgment against the debtor in the action; or(iii) rendered a judgment of foreclosure in the action.(2) A mortgage foreclosure action with respect to which:(A) the creditor has filed the complaint in the proceeding after June 30, 2011; and(B) the debtor has contacted the court under section 8(c) of this chapter to schedule a settlement conference under this chapter.(b) In a mortgage foreclosure action to which this section applies, the court, notwithstanding Indiana Trial Rule 56, shall stay the granting of any dispositive motion until one (1) of the following occurs, subject to the court's right under section 10(b) of this chapter to order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered:(1) The court receives notice under section 10(e) of this chapter that after the conclusion of a settlement conference held under this chapter:(A) the debtor and the creditor have agreed to enter into a foreclosure prevention agreement; and(B) the creditor has elected under section 10(e) of this chapter to dismiss the foreclosure action for as long as the debtor complies with the terms of the foreclosure prevention agreement.(2) The court receives notice under section 10(f) of this chapter that after the conclusion of a settlement conference held under this chapter, the creditor and the debtor are unable to agree on the terms of a foreclosure prevention agreement.(c) If the debtor requests a settlement conference under this chapter, the court shall treat the request as the entry of an appearance under Indiana Trial Rule 3.1(B).As added by P.L.170-2011, SEC.9.