reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-13. Effect of Preliminary Injunction; Restraining Orders

Sec. 13. An order issued under section 12(b)(2) of this chapter closing a place continues in effect while the restraining order issued under section 9(b) of this chapter is in effect. If a restraining order has not been issued under section 9(b) of this chapter, the order closing the place under section 12(b)(2) of this chapter must include an order restraining the removal or interference with the personal property and contents.
[Pre-2002 Recodification Citation: 34-19-2-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-14. Restraining Orders; Service; Inventory

Sec. 14. If a restraining order is issued under section 9(b) or 13 of this chapter:
(1) the restraining order shall be served under section 9(c) of this chapter; and
(2) the inventory of the property shall be made and filed as provided in section 9(d) of this chapter.
[Pre-2002 Recodification Citation: 34-19-2-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-15. Owner of Real Property; Payment of Costs; Surety; Abatement of Indecent Nuisance; Showing Good Faith; Discharge of Preliminary Injunction

Sec. 15. (a) The owner of real property that has been closed or is to be closed under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and do the following:
(1) Pay all costs incurred.
(2) File a bond with sureties to be approved by the court:
(A) in the full value of the property to be ascertained by the court; and
(B) conditioned upon the owner immediately abating the indecent nuisance and preventing the indecent nuisance from being established or kept until the decision of the court is rendered on the application for a permanent injunction.
(b) If the defendant complies with subsection (a) and the court is satisfied:
(1) of the good faith of the owner of the real property; and
(2) that the owner did not know and, with reasonable care and diligence, could not have known that the real property was used as an indecent nuisance;
the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing an order closing the real property or restraining the removal or interference with the personal property. If a preliminary injunction has already been issued, the court shall discharge the order and deliver the property to the owners.
[Pre-2002 Recodification Citation: 34-19-2-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-16. Owner of Personal Property; Petition for Release of Property; Good Faith; Discharge of Preliminary Injunction

Sec. 16. The owner of the personal property that has been restrained or is to be restrained under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and petition the court to release the personal property. If the court is satisfied that the owner:
(1) has acted in good faith; and
(2) did not know and, with reasonable care and diligence, could not have known that the personal property was used as an indecent nuisance;
the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing any order restraining the removal or interference with the personal property. If the preliminary injunction has been issued, the court shall discharge the order and deliver the property to the owner.
[Pre-2002 Recodification Citation: 34-19-2-11.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-17. Release of Property; Liens

Sec. 17. The release of any real or personal property under section 15 or 16 of this chapter does not release the property from any judgment, lien, penalty, or liability to which it is subject.
[Pre-2002 Recodification Citation: 34-19-2-12.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-18. Precedence of Indecent Nuisance Action

Sec. 18. An indecent nuisance action under this chapter shall be set down for trial without delay and takes precedence over all other cases except crimes, election contests, or injunctions.
[Pre-2002 Recodification Citation: 34-19-2-13.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-19. Evidence

Sec. 19. In an indecent nuisance action under this chapter, evidence of the general reputation of the place is:
(1) admissible to prove the existence of the indecent nuisance; and
(2) presumptive evidence that a person who:
(A) owned;
(B) was in control of; or
(C) was in charge of;
the indecent nuisance knew the indecent nuisance existed and used the place for an act constituting an indecent nuisance.
[Pre-2002 Recodification Citation: 34-19-2-14.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-20. Actions by Private Persons; Dismissal; Prosecution by Prosecuting Attorney; Costs

Sec. 20. (a) This section applies to an indecent nuisance complaint under this chapter filed by a private person.
(b) The court shall not voluntarily dismiss the complaint unless:
(1) the complainant and the complainant's attorney file a sworn statement setting forth the reason why the action should be dismissed; and
(2) the dismissal is approved in writing or in open court by the prosecuting attorney of the circuit in which the alleged indecent nuisance is located.
(c) If the judge believes that the action should not be dismissed, the judge may direct the prosecuting attorney to prosecute the action to judgment at the expense of the county.
(d) If:
(1) the action is brought by a private person;
(2) the court finds that there were no reasonable grounds or probable cause for bringing said action; and
(3) the case is dismissed either:
(A) for the reason described in subdivision (2) before trial; or
(B) for want of prosecution;
the costs may be taxed to the person who brought the case.
[Pre-2002 Recodification Citation: 34-19-2-15.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-21. Burden of Proof; Judgment for Perpetual Enjoinment

Sec. 21. If at the permanent injunction hearing the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall enter a judgment that perpetually enjoins:
(1) the defendant and any other person from further maintaining the indecent nuisance at the place described in the complaint; and
(2) the defendant from maintaining an indecent nuisance elsewhere.
[Pre-2002 Recodification Citation: 34-19-2-16.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-22. Order of Abatement; Requirements; Release of Property; Claiming Property

Sec. 22. (a) If the existence of an indecent nuisance is admitted or established as provided in section 21 of this chapter, the court shall enter an order of abatement as a part of the judgment in the case. The order of abatement must:
(1) direct the removal of all personal property and contents that:
(A) are located at the place described in the complaint;
(B) are used in conducting the indecent nuisance; and
(C) have not already been released under authority of the court as provided in sections 15 and 16 of this chapter;
(2) direct the sale of personal property that belongs to the defendants who were notified or appeared at the hearing, in the manner provided for the sale of chattels under execution; and
(3) require one (1) of the following:
(A) The renewal for one (1) year of any bond furnished by the owner of the real property under section 15(a)(2) of this chapter.
(B) If a bond was not furnished, continue for one (1) year any closing order issued under section 12(b)(2) of this chapter at the time of granting the preliminary injunction.
(C) If a closing order was not issued when the preliminary injunction was granted, direct the effectual closing of the place against its use for any purpose for one (1) year, unless sooner released.
(b) The owner of a place that has been closed and not released under bond may appear and obtain a release in the manner and upon fulfilling the requirements provided in sections 15 and 16 of this chapter.
(c) The release of property under this section does not release the property from any judgment, lien, penalty, or liability to which the property may be subject.
(d) Owners of unsold personal property and contents seized under subsection (a) may:
(1) appear and claim the property within ten (10) days after an order of abatement is made; and
(2) prove to the satisfaction of the court:
(A) that the owner is innocent of any knowledge of the use of the property; and
(B) that with reasonable care and diligence the owner could not have known of the use of the property.
(e) If an owner meets the requirements set forth in subsection (d), the unsold personal property and contents shall be delivered to the owner. Otherwise, the unsold personal property and contents shall be sold as provided in this section.
(f) The officer who removes and sells the personal property and contents under subsection (e) may charge and receive the same fees as the officer would receive for levying upon and selling similar property on execution.
(g) If an order of abatement requires the closing of a place under subsection (a)(3)(C), the court shall allow a reasonable sum to be paid for the cost of closing the place and keeping it closed.
[Pre-2002 Recodification Citation: 34-19-2-17.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-23. Violation of Court Orders

Sec. 23. In case of:
(1) the violation of any injunction or closing order granted under this chapter;
(2) the violation of a restraining order issued under this chapter; or
(3) the commission of any contempt of court in proceedings under this chapter;
the court may summarily try and punish the offender. The trial may be upon affidavits or either party may demand the production and oral examination of the witnesses.
[Pre-2002 Recodification Citation: 34-19-2-18.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-24. Collected Money Paid to County Treasurer; Proceeds of Sales Applied to Costs

Sec. 24. (a) Except as provided in section 24.5 of this chapter, all money collected under this chapter shall be paid to the county treasurer.
(b) The proceeds of the sale of the personal property under section 22 of this chapter, or as much of the proceeds as necessary, shall be applied in payment of the costs of the action and abatement, including the complainant's costs.
[Pre-2002 Recodification Citation: 34-19-2-19.]
As added by P.L.2-2002, SEC.15. Amended by P.L.237-2015, SEC.5.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-24.5. Distribution of Money Collected in Human Trafficking Actions

Sec. 24.5. Money collected under this chapter concerning a public place in or upon which human trafficking (as described in IC 35-42-3.5-1 through IC 35-42-3.5-1.4) is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose shall be distributed as follows:
(1) Eighty percent (80%) of the money collected shall be deposited in the human trafficking prevention and victim assistance fund established by IC 5-2-6-25, to be used for the purposes of the fund.
(2) Twenty percent (20%) of the money collected shall be transferred to the county auditor for deposit in the county general fund. Money deposited in the county general fund under this subdivision may only be appropriated to the prosecuting attorney to defray expenses incurred in the:
(A) collection of the funds; and
(B) investigation or prosecution of human trafficking.
As added by P.L.237-2015, SEC.6. Amended by P.L.144-2018, SEC.9.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 7. Actions for Indecent Nuisances › 32-30-7-25. Indecent Nuisances Created by Tenants; Voidable Title; Reversion to Owner; Entry

Sec. 25. (a) This section applies to a tenant or occupant of a building or tenement, under a lawful title, who uses the place for acts that create an indecent nuisance.
(b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds. The use of the place to create an indecent nuisance, without any act of the owner of the place, causes the right of possession to revert and vest in the owner. Without process of law, the owner may make immediate entry upon the premises.
[Pre-2002 Recodification Citation: 34-19-2-20.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-1. "Nuisance"

Sec. 1. As used in this chapter, "nuisance" means the use of a property to commit an act constituting an offense under IC 35-48-4.
[Pre-2002 Recodification Citation: 34-19-3-1.]
As added by P.L.2-2002, SEC.15. Amended by P.L.142-2020, SEC.50.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-2. "Property"

Sec. 2. (a) Except as provided in subsection (d), as used in this chapter, "property" means a house, a building, a mobile home, or an apartment that is leased for residential or commercial purposes.
(b) The term includes:
(1) an entire building or complex of buildings; or
(2) a mobile home community;
and all real property of any nature appurtenant to and used in connection with the house, building, mobile home, or apartment, including all individual rental units and common areas.
(c) The term does not include a hotel, motel, or other guest house, part of which is rented to a transient guest.
(d) For actions brought by the attorney general in relation to the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6), "property" means a house, a building, a mobile home, or an apartment that is owned or leased for commercial or residential purposes. The term includes all real property of any nature appurtenant to and used in connection with the house, building, mobile home, or apartment.
[Pre-2002 Recodification Citation: 34-19-3-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.87-2005, SEC.38; P.L.196-2013, SEC.12; P.L.80-2019, SEC.11.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-3. "Tenant"

Sec. 3. (a) As used in this chapter, "tenant" means a person who leases or resides in a property.
(b) The term does not include a person who:
(1) owns a mobile home;
(2) leases or rents a site in a mobile home community for residential use; and
(3) resides in a mobile home community.
[Pre-2002 Recodification Citation: 34-19-3-3.]
As added by P.L.2-2002, SEC.15. Amended by P.L.87-2005, SEC.39.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-4. Actions to Abate Nuisance; Persons Authorized to Initiate

Sec. 4. An action to abate a nuisance under this chapter may be initiated by any of the following:
(1) The prosecuting attorney of the circuit where the nuisance is located.
(2) The corporation counsel or city attorney of a city in which a nuisance is located.
(3) An attorney representing a county in which a nuisance is located.
(4) The property owner.
(5) The attorney general.
[Pre-2002 Recodification Citation: 34-19-3-4.]
As added by P.L.2-2002, SEC.15. Amended by P.L.196-2013, SEC.13.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-5. Action to Abate Nuisance; Notice; Requirements

Sec. 5. (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:
(1) each tenant of the property; and
(2) the owner of record;
that a nuisance exists on the property.
(b) The notice required under this section must specify the following:
(1) The date and time the nuisance was first discovered.
(2) The location on the property where the nuisance is allegedly occurring.
(c) The notice must be:
(1) hand delivered; or
(2) sent by certified mail;
to each tenant and the owner of record.
(d) A person initiating an action to abate a nuisance under this chapter shall:
(1) when notice is provided under this section, produce all evidence in the person's possession or control of the existence of the nuisance; and
(2) if requested by the owner, assist the owner in the production of witness and physical evidence.
[Pre-2002 Recodification Citation: 34-19-3-5.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-6. Action to Abate Nuisance Initiated or Joined by Owner of Record; Exempt From Notice Requirement

Sec. 6. If the owner of record of a property that is the subject of an action under this chapter initiates or joins in the action under this chapter, the requirement under section 5 of this chapter to provide notice at least forty-five (45) days before filing does not apply to the action.
[Pre-2002 Recodification Citation: 34-19-3-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-7. Application of Trial Rules to Notice; Posting Requirement

Sec. 7. (a) Notice of a complaint initiating an action under this chapter must be made as provided in the Indiana Rules of Trial Procedure.
(b) Except in an action under this chapter in which the owner of record of the property that is the subject of the action initiates or joins the action as a party, the person who initiates an action under this chapter, not later than forty-eight (48) hours after filing a complaint under this chapter, shall post a copy of the complaint in a conspicuous place on the property alleged by the complaint to be a nuisance.
[Pre-2002 Recodification Citation: 34-19-3-7.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-8. Service Upon Defendant

Sec. 8. (a) If the defendant has not been personally served with process despite the exercise of due diligence, the person initiating an action under this chapter, not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested. Service is considered completed when the following are filed with the court:
(1) Proof of the mailing.
(2) An affidavit that a copy of the complaint has been posted on the property alleged to be a nuisance.
(b) This subsection does not apply to transient guests of a hotel, motel, or other guest house. All tenants or residents of a property that is used in whole or in part as a business, home, residence, or dwelling who may be affected by an order issued under this chapter must be:
(1) provided reasonable notice as ordered by the court having jurisdiction over the nuisance action; and
(2) afforded an opportunity to be heard at all proceedings in the action.
(c) Notice of lis pendens shall be filed concurrently with the initiation of an action under this chapter.
[Pre-2002 Recodification Citation: 34-19-3-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-9. Hearing; Service Upon Owner of Property

Sec. 9. (a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date.
(b) Service of process must be made upon the owner of the property that is alleged in the notice filed under section 5 of this chapter to be a nuisance at least five (5) days before the hearing. If service cannot be completed in time to give the owner the minimum notice required by this subsection, the court may set a new hearing date.
[Pre-2002 Recodification Citation: 34-19-3-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-10. Equitable Relief

Sec. 10. The court may issue an injunction or order other equitable relief under this chapter regardless of whether an adequate remedy exists at law.
[Pre-2002 Recodification Citation: 34-19-3-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-10.5. Additional Remedies in an Action Involving Synthetic Drugs, a Controlled Substance Analog, or a Substance Represented to Be a Controlled Substance

Sec. 10.5. In addition to the remedies and penalties specified in sections 10, 11, 12, and 13 of this chapter, the court may do any of the following in an action brought under this chapter concerning the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321), a controlled substance analog (as defined in IC 35-48-1-9.3), or a substance represented to be a controlled substance (as described in IC 35-48-4-4.6):
(1) Issue a restraining order against the person subject to IC 32-30-7-9 and IC 32-30-7-13.
(2) Issue a preliminary injunction, temporary forfeiture, or closure order pending final decision on a permanent injunction subject to IC 32-30-7-12.
(3) Issue an order of abatement subject to IC 32-30-7-22.
As added by P.L.196-2013, SEC.14. Amended by P.L.80-2019, SEC.12.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-11. Order to Vacate

Sec. 11. Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property within seventy-two (72) hours after the issuance of the order.
[Pre-2002 Recodification Citation: 34-19-3-11.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-12. Restitution; Possession; Removal of Tenant's Personal Property

Sec. 12. (a) The court, after a hearing under this chapter, may grant a judgment of restitution or the possession of the property to the owner if:
(1) the owner and tenant are parties to the action; and
(2) the tenant has failed to obey an order issued under section 10 or 11 of this chapter.
(b) If the court orders the owner to have possession of the property, the court shall require the sheriff to execute the order of possession not later than five (5) days after the order is issued.
(c) If the owner is awarded possession of the property, the owner may seek an order from the court allowing removal of a tenant's personal property under IC 32-31-4.
[Pre-2002 Recodification Citation: 34-19-3-12.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-13. Plan for Correction

Sec. 13. In an action under this chapter, the court may order the owner of the property to submit for court approval a plan for correction to ensure, to the extent reasonably possible, that the property will not again be used for a nuisance if the owner:
(1) is a party to the action; and
(2) knew of the existence of the nuisance.
[Pre-2002 Recodification Citation: 34-19-3-13.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-14. Proof That Defendant Knew of Nuisance Not Required

Sec. 14. Except as provided in section 13 of this chapter, the court may order appropriate relief under this chapter without proof that a defendant knew of the existence of the nuisance.
[Pre-2002 Recodification Citation: 34-19-3-14.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 8. Actions for Drug Nuisances › 32-30-8-15. Evidence

Sec. 15. In any action brought under this chapter:
(1) evidence of the general reputation of the property is admissible to corroborate testimony based on personal knowledge or observation, or evidence seized during the execution of a search and seizure warrant, but is not sufficient to establish the existence of a nuisance under this chapter; and
(2) evidence that the nuisance had been discontinued at the time of the filing of the complaint or at the time of the hearing does not bar the imposition of appropriate relief by the court under sections 10 through 14 of this chapter.
[Pre-2002 Recodification Citation: 34-19-3-15.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 9. Actions Against Cotenants › 32-30-9-1. Action Authorized

Sec. 1. A claimant who is a joint tenant, tenant in common, or tenant in coparcenary may maintain an action against the claimant's cotenant or coparcener, or the cotenant's or coparcener's personal representatives, for receiving more than the cotenant's or coparcener's just proportion of the rents, profits, or other in kind payments.
[Pre-2002 Recodification Citation: 32-15-5-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 10. Mortgage Foreclosure Actions › 32-30-10-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The:
(1) amendments made to IC 34-1-53-10 (before its repeal, later codified at IC 32-15-6-10 (before its repeal), now codified at section 12 of this chapter); and
(2) addition of IC 34-1-53-12 (before its repeal, later codified at IC 32-15-6-12 (before its repeal), now codified at section 14 of this chapter);
by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.
As added by P.L.220-2011, SEC.528.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 10. Mortgage Foreclosure Actions › 32-30-10-1. "Auctioneer" Defined

Sec. 1. As used in this chapter, "auctioneer" means an auctioneer licensed under IC 25-6.1.
[Pre-2002 Recodification Citation: 32-15-6-6.5 part.]
As added by P.L.2-2002, SEC.15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.