reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 28. Liens on Real Property › Chapter 14. Homeowners Association Liens › 32-28-14-9. Voiding of Lien for Failure to Foreclose

Sec. 9. (a) A homeowners association lien under this chapter is void if both of the following occur:
(1) The owner of the real estate subject to the homeowners association lien or any person or corporation having an interest in the real estate, including a mortgagee or a lienholder, provides written notice to the owner or holder of the lien to file an action to foreclose the lien.
(2) The owner or holder of the lien fails to file an action to foreclose the lien in the county where the real estate is located within one (1) year after the date the owner or holder of the lien received the notice described in subdivision (1).
However, this section does not prevent the claim from being collected as other claims are collected by law.
(b) A person who gives notice under subsection (a)(1) by registered or certified mail to the owner or holder of the homeowners association lien at the address given in the recorded statement may file an affidavit of service of the notice to file an action to foreclose the lien with the recorder of the county in which the real estate is located. The affidavit must state the following:
(1) The facts of the notice.
(2) That more than one (1) year has passed since the notice was received by the owner or holder of the lien.
(3) That an action for foreclosure of the lien is not pending.
(4) That an unsatisfied judgment has not been rendered on the lien.
(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office. When the recorder records the affidavit under this subsection, the real estate described in the homeowners association lien is released from the lien.
(d) An affidavit recorded under subsection (c) must cross reference the lien.
As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.4.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 32-8-11-9 (before its repeal, now codified at section 10 of this chapter) by P.L.157-1990 applies to a mortgage lien created after June 30, 1990.
As added by P.L.220-2011, SEC.525.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-1. Possession Premises

Sec. 1. (a) This section does not apply to security interests in rents and profits arising from real estate.
(b) Unless a mortgage specifically provides that the mortgagee shall have possession of the mortgaged premises, the mortgagee is not entitled to possession of the mortgaged premises.
[Pre-2002 Recodification Citation: 32-8-11-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-2. Construction of Mortgage

Sec. 2. A mortgage may not be construed to imply a covenant for the payment of the sum intended to be secured by the mortgage so as to enable the mortgagee or the mortgagee's assignees or representatives to maintain an action for the recovery of this sum. If an express covenant is not contained in the mortgage for the payment and a bond or other separate instrument to secure the payment has not been given, the remedy of the mortgagee is confined to the real property described in the mortgage.
[Pre-2002 Recodification Citation: 32-8-11-2.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-2.5. Hazard Insurance

Sec. 2.5. A mortgagee or a mortgagee's assignee or representative may not require a mortgagor, as a condition of receiving or maintaining a mortgage, to obtain hazard insurance coverage against risks to improvements on the mortgaged property in an amount exceeding the replacement value of the improvements.
As added by P.L.73-2004, SEC.45.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-3. Sale of Premises

Sec. 3. A mortgage of real estate, including an instrument having the legal effect of a mortgage, may not authorize the mortgagee to sell the mortgaged property. The sale of mortgaged property by the mortgagee may only be made under a judicial proceeding.
[Pre-2002 Recodification Citation: 32-8-11-3.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-4. Purchase Money Mortgage

Sec. 4. A mortgage granted by a purchaser to secure purchase money has priority over a prior judgment against the purchaser.
[Pre-2002 Recodification Citation: 32-8-11-4.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-5. Form; Mortgage

Sec. 5. A mortgage of land that is:
(1) worded in substance as "A.B. mortgages and warrants to C.D." (here describe the premises) "to secure the repayment of" (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the debt sought to be secured, and the date of the repayment); and
(2) dated and signed, sealed, and acknowledged by the grantor;
is a good and sufficient mortgage to the grantee and the grantee's heirs, assigns, executors, and administrators, with warranty from the grantor (as defined in IC 32-17-1-1) and the grantor's legal representatives of perfect title in the grantor and against all previous encumbrances. However, if in the mortgage form the words "and warrant" are omitted, the mortgage is good but without warranty.
[Pre-2002 Recodification Citation: 32-1-2-15.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-6. Payment in Full; Release and Discharge of Mortgage

Sec. 6. After a mortgagee of property whose mortgage has been recorded has received full payment from the mortgagor of the sum specified in the mortgage, the mortgagee shall, at the request of the mortgagor, enter in the record of the mortgage that the mortgage has been satisfied. An entry in the record showing that a mortgage has been satisfied operates as a complete release and discharge of the mortgage.
[Pre-2002 Recodification Citation: 32-8-11-5.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-7. Certificate of Payments and Satisfaction

Sec. 7. If a mortgage has been paid and satisfied by the mortgagor, the mortgagor may take a certificate of satisfaction, duly acknowledged by the mortgagee or the mortgagee's lawful agent, as required for the acknowledgment of conveyances to entitle them to be recorded. The certificate and acknowledgment shall be recorded by the recorder in whose office the mortgage is recorded, with a reference to the location of the record of the mortgage. The recorded certificate discharges and releases the mortgagor from the mortgage (or portion of the mortgage as indicated in a partial satisfaction), and bars all suits and actions on the mortgage.
[Pre-2002 Recodification Citation: 32-8-11-6.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-8. Assignment of Mortgage

Sec. 8. (a) Any mortgage of record or any part of the mortgage may be assigned by the mortgagee or any assignee of the mortgage, either by an assignment entered on the margin of the record, signed by the person making the assignment and attested by the recorder, or by a separate instrument executed and acknowledged before any person authorized to take acknowledgments, and recorded in the mortgage records of the county. The county recorder shall cross-reference the assignment to the mortgage book and the:
(1) page location;
(2) instrument number; or
(3) both subdivisions (1) and (2);
as set forth in the assignment.
(b) The signature of a person on an assignment under subsection (a) may be a facsimile. The facsimile on the assignment is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments.
(c) Notwithstanding subsection (a), marginal assignments may be accepted at the discretion of the recorder. Except in a county that accepts marginal assignments of mortgage, an assignment of mortgage must be recorded on a separate written instrument from the mortgage. If a recorder accepts marginal assignments of mortgage, an instrument presented for recording in that county may not contain more than one (1) assignment. If a recorder allows an instrument to contain more than one (1) assignment, the fee for recording that instrument is provided in IC 36-2-7-10(c)(4).
(d) After entry is made of record, the mortgagor and all other persons are bound by the record, and the entry is a public record. Any assignee may enter satisfaction or release of the mortgage, or the part of the mortgage held by the assignee of record.
[Pre-2002 Recodification Citation: 32-8-11-7.]
As added by P.L.2-2002, SEC.14. Amended by P.L.127-2017, SEC.12.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-9. Foreclosure to State

Sec. 9. This chapter does not affect any provisions made by law relating to the foreclosure of mortgages to the state, so far as the provisions conflict with the provisions of this chapter.
[Pre-2002 Recodification Citation: 32-8-11-8.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-10. Obligations a Mortgage May Secure; Future Obligations and Advances; Future Modifications, Extensions, and Renewals of Indebtedness; Priority of Lien

Sec. 10. (a) In addition to any other obligation secured by a mortgage, a mortgage may also secure:
(1) future obligations and advances up to the maximum amount stated in the mortgage (whether made as an obligation, made at the option of the lender, made after a reduction to a zero (0) or other balance, or made otherwise) to the same extent as if the future obligations and advances were made on the date of execution of the mortgage; and
(2) future modifications, extensions, and renewals of any indebtedness or obligations secured by the mortgage if and to the extent that the mortgage states that the mortgage secures those future advances, modifications, extensions, and renewals.
(b) The lien of a mortgage with respect to future advances, modifications, extensions, and renewals referred to in subsection (a) has the priority to which the mortgage otherwise would be entitled under IC 32-21-4-1 without regard to the fact that the future advance, modification, extension, or renewal may occur after the mortgage is executed.
[Pre-2002 Recodification Citation: 32-8-11-9.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 1. Mortgage of Real Estate › 32-29-1-11. Rents and Profits From Real Property; Enforcement of Assignment, Mortgage, or Pledge; Rights Not Affected; Equitable Subrogation

Sec. 11. (a) This chapter does not limit:
(1) the right to assign, mortgage, or pledge the rents and profits arising from real estate;
(2) the right of an assignee, a mortgagee, or a pledgee to collect rents and profits for application in accordance with an assignment, a mortgage, or a pledge; or
(3) the power of a court of equity to appoint a receiver to take charge of real estate to collect rents and profits for application in accordance with an assignment, a mortgage, or a pledge.
(b) A person may enforce an assignment, a mortgage, or a pledge of rents and profits arising from real property:
(1) whether the person has or does not have possession of the real estate; and
(2) regardless of the:
(A) adequacy of the security; or
(B) solvency of the assignor, mortgagor, or pledgor.
(c) If a person:
(1) enforces an assignment, a mortgage, or a pledge of rents and profits arising from real estate; and
(2) does not have possession of the real estate;
the obligations of a mortgagee in possession of real estate may not be imposed on the holder of the assignment, mortgage, or pledge.
(d) Except for those instances involving liens defined in IC 32-28-3-1, a mortgagee seeking equitable subrogation with respect to a lien may not be denied equitable subrogation solely because:
(1) the mortgagee:
(A) is engaged in the business of lending; and
(B) had constructive notice of the intervening lien over which the mortgagee seeks to assert priority;
(2) the lien for which the mortgagee seeks to be subrogated was released; or
(3) the mortgagee obtained a title insurance policy.
(e) Subsection (d) does not apply to a municipal sewer lien under IC 36-9-23 or a mechanic's lien under IC 32-28-3-1.
[Pre-2002 Recodification Citation: 32-8-11-10.]
As added by P.L.2-2002, SEC.14. Amended by P.L.122-2003, SEC.1; P.L.151-2003, SEC.2; P.L.2-2005, SEC.86.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 2. Recording of Assignment › 32-29-2-1. Written Transfer or Assignment; Acknowledgment and Recording

Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by:
(1) noting the assignment or transfer on the record recording the mortgage; or
(2) separate written instrument.
A person who transfers or assigns a mortgage as described in this section shall cause the notation or written instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of mortgages.
[Pre-2002 Recodification Citation: 32-8-12-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 2. Recording of Assignment › 32-29-2-2. Written Transfer or Assignment; Location and Business Address of Transferee or Assignee Required

Sec. 2. In order to be recorded, a written instrument that transfers or assigns a mortgage under this chapter must state the location and business address of the person to whom the mortgage is transferred or assigned.
[Pre-2002 Recodification Citation: 32-8-12-2.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 3. Attestation of Releases; Legalizing Prior Release › 32-29-3-1. Necessity of Attestation

Sec. 1. The release of a mortgage, lease, or other instrument required by law to be recorded written upon the margin, or upon the record, of any mortgage in Indiana by the party authorized to release the mortgage is not a valid release of the mortgage, lease, or other instrument unless the release is attested on the record by the recorder or deputy recorder of the county in which the mortgage is recorded.
[Pre-2002 Recodification Citation: 32-8-13-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 4. Release by State › 32-29-4-1. Lack of Evidence of Indebtedness

Sec. 1. If the mortgage records of a county in Indiana indicate that a mortgage has been executed to the state and:
(1) there is no evidence of indebtedness secured by the mortgage in the possession of the treasurer of state or auditor of state; and
(2) there is no evidence in the office of the auditor of state or treasurer of state that a loan secured by the mortgage was made;
the auditor of state may release and discharge the mortgage of record.
[Pre-2002 Recodification Citation: 32-8-14-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-1. "Mortgage"

Sec. 1. As used in this chapter, "mortgage" means a mortgage or mortgage lien on an interest in real property in Indiana given to secure a loan in the original principal amount of not more than one million dollars ($1,000,000).
[Pre-2002 Recodification Citation: 32-8-15.5-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-2. "Mortgagee"

Sec. 2. As used in this chapter, "mortgagee" means:
(1) the grantee of a mortgage; or
(2) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record.
[Pre-2002 Recodification Citation: 32-8-15.5-2.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-3. "Mortgage Servicer"

Sec. 3. As used in this chapter, "mortgage servicer" means the last person to whom a mortgagor or the mortgagor's successor in interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payoff statement.
[Pre-2002 Recodification Citation: 32-8-15.5-3.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-4. "Mortgagor"

Sec. 4. As used in this chapter, "mortgagor" means the grantor of a mortgage.
[Pre-2002 Recodification Citation: 32-8-15.5-4.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-5. "Payoff Statement"

Sec. 5. As used in this chapter, "payoff statement" means a statement of the amount of:
(1) the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and
(2) interest on a per day basis for the unpaid balance.
[Pre-2002 Recodification Citation: 32-8-15.5-5.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-6. "Person"

Sec. 6. As used in this chapter, "person" means an individual, a corporation, or any other legal entity.
[Pre-2002 Recodification Citation: 32-8-15.5-6.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-7. "Record"

Sec. 7. As used in this chapter, "record" means to record with the county recorder.
[Pre-2002 Recodification Citation: 32-8-15.5-7.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-8. "Title Insurance Company"

Sec. 8. As used in this chapter, "title insurance company" means a corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27.
[Pre-2002 Recodification Citation: 32-8-15.5-8.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-9. Certificate of Release

Sec. 9. An officer or appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor a lien against all or part of the property described in a mortgage, execute a certificate of release that complies with the requirements of this chapter and record the certificate of release in the real property records of each county in which the mortgage is recorded if:
(1) a satisfaction or release of the mortgage has not been executed and recorded within sixty (60) days after the date payment in full of the loan secured by the mortgage was sent in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer; and
(2) the title insurance company, an officer of the title insurance company, or an agent of the title insurance company has sent to the last known address of the mortgagee or the mortgage servicer, at least thirty (30) days before executing the certificate of release, written notice of its intention to execute and record a certificate of release in accordance with this section after the expiration of the sixty (60) day period.
[Pre-2002 Recodification Citation: 32-8-15.5-9.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-10. Certificate of Release; Contents

Sec. 10. A certificate of release executed under this chapter must contain substantially all of the following:
(1) The name of the mortgagor, the name of the original mortgagee and, if applicable, the name of the mortgage servicer, the date of the mortgage, the date of recording of the mortgage, and the volume and page or instrument number for the mortgage in the real property records where the mortgage is recorded, together with similar information for the last recorded assignment of the mortgage.
(2) A statement that the mortgage was in the original principal amount of not more than one million dollars ($1,000,000).
(3) A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27.
(4) A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired a lien from the mortgagor against all or part of the property described in the mortgage.
(5) A statement that the mortgagee or mortgage servicer provided a payoff statement that was used to make payment in full of the unpaid balance of the loan secured by the mortgage.
(6) A statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement and received by the mortgagee or mortgage servicer, as evidenced in the records of the title insurance company or its agents by:
(A) a bank check;
(B) a certified check;
(C) an escrow account check from the title company or title insurance agent;
(D) an attorney trust account check that has been negotiated by the mortgagee or mortgage servicer; or
(E) any other documentary evidence of payment to the mortgagee or mortgage servicer.
(7) A statement indicating that more than sixty (60) days have elapsed since the date payment in full was sent.
(8) A statement that after the expiration of the sixty (60) day period referred to in section 9 of this chapter, the title insurance company, its officers, or its agent sent to the last known address of the mortgagee or mortgage servicer, at least thirty (30) days before executing the certificate of release, notice in writing of its intention to execute and record a certificate of release as required under this section, with an unexecuted copy of the proposed certificate of release attached to the written notice.
(9) A statement that neither the title insurance company nor its officers or agent have received notification in writing of any reason why the certificate of release should not be executed and recorded after the expiration of the thirty (30) day notice period referred to in section 9 of this chapter.
[Pre-2002 Recodification Citation: 32-8-15.5-10.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-11. Certificate of Release; Execution and Acknowledgment

Sec. 11. A certificate of release authorized by this chapter shall be executed and acknowledged in the same manner as required by law in Indiana for the execution and acknowledgment of a deed.
[Pre-2002 Recodification Citation: 32-8-15.5-11.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-12. Notice of Authorization

Sec. 12. (a) A title insurance company may authorize an appointed agent of the title insurance company to execute certificates of release under this chapter by recording a notice of authorization in the office of the county recorder for each county in which the duly appointed agent is authorized to execute and record certificates of release on behalf of the title insurance company. The notice of authorization must state the following:
(1) The name of the title insurance company that is authorizing an appointed agent to execute certificates of release on behalf of the title insurance company.
(2) The identity of the person who is an appointed agent of the title insurance company and who is authorized to execute and record certificates of release in accordance with the requirements of this chapter on behalf of the title insurance company.
(3) That the appointed agent has full authority to execute and record certificates of release in accordance with the requirements of this chapter on behalf of the title insurance company.
(b) The notice of authorization must be executed and acknowledged in the same manner as required by law in Indiana for the execution and acknowledgment of a deed.
(c) A single notice of authorization recorded in the office of a county recorder under this section constitutes the authority of the appointed agent to execute and record certificates of release in that county on behalf of the title insurance company. A separate notice of authority is not required for each certificate of release recorded by an appointed agent.
(d) The authority granted to an appointed agent by a title insurance company under this section continues until a revocation of the notice of authorization is recorded in the office of the county recorder for the county in which the notice of authorization was recorded.
(e) The delegation of authority to an appointed agent by a title insurance company under this section does not relieve the title insurance company of any liability for damages for the wrongful or erroneous execution and recording of a certificate of release by the appointed agent.
[Pre-2002 Recodification Citation: 32-8-15.5-12.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-13. Misstatement in Written Payoff Statement

Sec. 13. A creditor or mortgage servicer may not withhold the release of a mortgage if the written mortgage payoff statement misstates the amount of the payoff and the written payoff is relied upon in good faith by an independent closing agent without knowledge of the misstatement. It is not a misstatement if the written payoff statement is not accurate as a result of a change in circumstances occurring after the issuance of the payoff statement. The release of a mortgage does not affect the ability of the creditor or mortgage servicer to collect the full amount owed without regard to a misstatement in the written payoff statement and a release of the mortgage.
[Pre-2002 Recodification Citation: 32-8-15.5-13.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-14. Acceptance of Payment

Sec. 14. The acceptance of a payment by a creditor or mortgage servicer of an amount that is not sufficient to pay the amount owed does not constitute a waiver, release, accord and satisfaction, or other impairment of the creditors or mortgage servicers rights notwithstanding any contrary instructions or restrictive endorsements.
[Pre-2002 Recodification Citation: 32-8-15.5-14.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-15. Release of Mortgage

Sec. 15. A certificate of release prepared, executed, and recorded in accordance with the requirements of this chapter constitutes a release of the mortgage described in that certificate of release, and the county recorder shall enter and index the certificate of release in the same manner that a release or satisfaction of mortgage is entered and indexed in the records of the county recorder.
[Pre-2002 Recodification Citation: 32-8-15.5-15.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-16. Erroneous Certificate of Release

Sec. 16. (a) The execution and recording of a wrongful or erroneous certificate of release by a title insurance company or a duly appointed agent with authority from a title insurance company does not relieve the mortgagor, or anyone succeeding to or assuming the interest of the mortgagor, from any liability for the debt or other obligations secured by the mortgage that is the subject of the wrongful or erroneous certificate of release.
(b) Additionally, a title insurance company or an appointed agent with authority from a title insurance company that wrongfully or erroneously executes and records a certificate of release is liable to the mortgagee, or the assignee of the mortgagee if the mortgage has been assigned, for actual damages sustained due to the recording of a wrongful or erroneous certificate of release.
[Pre-2002 Recodification Citation: 32-8-15.5-16.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 6. Mortgage Release by Title Insurance Companies › 32-29-6-17. Applicability of Chapter

Sec. 17. This chapter applies to the release of a mortgage after June 30, 2001, regardless of when the mortgage was created or assigned.
[Pre-2002 Recodification Citation: 32-8-15.5-17.]
As added by P.L.2-2002, SEC.14. Amended by P.L.48-2003, SEC.1 and P.L.79-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 32-8-16-1 (before its repeal, now codified at section 3 of this chapter) by P.L.276-1995 do not apply to a complaint asking for foreclosure that is filed before July 1, 1995.
(b) The amendments made to IC 32-8-16-5 (before its repeal, now codified at section 9 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.526.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-1. "Auctioneer"

Sec. 1. As used in this chapter, "auctioneer" means an auctioneer licensed under IC 25-6.1.
[Pre-2002 Recodification Citation: 32-8-16-1.3 part.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-2. "Economically Feasible"

Sec. 2. For the purposes of section 4(b) of this chapter, the sale of property by the sheriff 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: 32-8-16-1.3 part.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-4. Sheriff's Sale; Manner of Sale; Engagement of Auctioneer

Sec. 4. (a) A sheriff shall offer to sell and 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 any 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 an 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 the auctioneer on account of the auctioneer's expenses and fee, if any, shall be paid as a cost of the sale from its proceeds before the payment of any other payment from the sale.
[Pre-2002 Recodification Citation: 32-8-16-1.3 part.]
As added by P.L.2-2002, SEC.14. Amended by P.L.167-2005, SEC.1.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-4.6. Sheriff's Sale; Signed Statement by Each Bidder

Sec. 4.6. The sheriff shall require each person who will be bidding at the sheriff's sale to sign a statement in a form substantially similar to the following:
"Indiana law prohibits a person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to real property under IC 6-1.1 from bidding on or purchasing property at a sheriff's sale. I hereby affirm under the penalties for perjury that I am not prohibited from bidding under IC 32-29-7-4.5 and that I do not owe delinquent taxes, special assessments, penalties, interest, costs directly attributable to real property under IC 6-1.1, amounts from a final adjudication in favor of a political subdivision, any civil penalties imposed for the violation of a building code or county ordinance, or any civil penalties imposed by a county health department. I also affirm that I am not purchasing property on behalf of or as an agent for a person who is prohibited from bidding under IC 32-29-7-4.5. I further acknowledge that a person who knowingly or intentionally provides false information on this affidavit commits perjury, a Level 6 felony."
As added by P.L.112-2022, SEC.3.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-4.7. Sheriff's Sale; Foreign Business Association; Eligibility

Sec. 4.7. (a) This section does not apply to a party foreclosing on a mortgage executed on a tract offered for sale under this chapter.
(b) As used in this section, "foreign business association" means a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another state or country.
(c) A foreign business association that:
(1) has not obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable; or
(2) has obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable, but is not in good standing in Indiana as determined by the secretary of state;
may not purchase a tract offered for sale under section 4 of this chapter.
As added by P.L.112-2022, SEC.4.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-5. Foreclosed Property; Waiver of Time Limitations; No Protection or Defense Against Deficiency Judgment

Sec. 5. (a) The owner of the real estate subject to the issuance of process under a judgment or decree of foreclosure may, with the consent of the judgment holder endorsed on the judgment or decree of foreclosure, file with the clerk of the court a waiver of the time limitations on issuance of process set out in section 3 of this chapter. If the owner files a waiver under this section, process shall issue immediately. The consideration for waiver, whether or not expressed by its terms, shall be the waiver and release by the judgment holder of any deficiency judgment against the owner.
(b) This section is not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed under 12 CFR 1026.38(p)(3) on the form required by 12 CFR 1026.38 ("Closing Disclosures" form under the Amendments to the 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z) and the 2013 Loan Originator Rule Under the Truth in Lending Act (Regulation Z)).
[Pre-2002 Recodification Citation: 32-8-16-1.5.]
As added by P.L.2-2002, SEC.14. Amended by P.L.54-2016, SEC.4; P.L.73-2016, SEC.30.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-6. Location of Mortgaged Real Estate; Jurisdiction; Recordation

Sec. 6. (a) If the mortgaged real estate is located in more than one (1) county:
(1) the court of any county the mortgaged real estate is located in has jurisdiction of an action for the foreclosure of the mortgage; and
(2) all the real estate shall be sold in the county where the action is brought, unless the court orders otherwise.
(b) A judgment and decree granted by a court or a judge in an action for the foreclosure of the mortgaged real estate shall be recorded in the lis pendens record kept in the office of the clerk of each county where the real estate is located, unless the judgment and decree is filed with the clerk in the county as provided in IC 33-32-3-2.
[Pre-2002 Recodification Citation: 32-8-16-2.]
As added by P.L.2-2002, SEC.14. Amended by P.L.98-2004, SEC.119.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-7. Redemption by Owner Before Sheriff's Sale

Sec. 7. Before the sale under this chapter, any owner or part owner of the real estate may redeem the real estate from the judgment by payment to the:
(1) clerk before the issuance to the sheriff of the judgment and decree; or
(2) sheriff after the issuance to the sheriff of the judgment and decree;
of the amount of the judgment, interest, and costs for the payment or satisfaction of which the sale was ordered. If the owner or part owner redeems the real estate under this section, process for the sale of the real estate under judgment may not be issued or executed, and the officer receiving the redemption payment shall satisfy the judgment and vacate order of sale. However, if the real estate is redeemed by a part owner, the part owner shall have a lien on the shares of the other owners for their respective shares of the redemption money, with interest at the rate of eight percent (8%) per annum, plus the costs of redemption. The lien shall be of the same force and effect as the judgment lien redeemed by the part owner and shall be enforceable by appropriate legal proceedings.
[Pre-2002 Recodification Citation: 32-8-16-3.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-8. Sheriff's Sale; Manner of Sale

Sec. 8. In selling real estate under this chapter, the sheriff is not required to first offer the rents and profits of the real estate or separate portions or parcels of the real estate. The sheriff may offer for sale the whole body of the mortgaged real estate together with rents, issues, income, and profits of the real estate unless the court in its judgment and order of sale has otherwise ordered. If any part of the judgment, interest, or costs remains unsatisfied, the sheriff shall immediately levy the residue on the other property of the defendant.
[Pre-2002 Recodification Citation: 32-8-16-4.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-8.5. Requirements for Payment of Property Taxes and Related Costs Before Sheriff's Sale

Sec. 8.5. (a) Before the date of a sheriff's sale of property under section 3(c) of this chapter, the party that filed the praecipe for the sheriff's sale shall pay the following:
(1) If a certificate of sale issued under IC 6-1.1-24 is outstanding:
(A) the amount necessary for redemption of the property under IC 6-1.1-25; and
(B) all delinquent property taxes, special assessments, penalties, and interest that:
(i) are not covered by the redemption referred to in clause (A); and
(ii) are due and owing on the property on the date of the sheriff's sale.
(2) If subdivision (1) does not apply, all delinquent property taxes, sewer liens described in IC 36-9-23-32, special assessments, penalties, and interest that are due and owing on the property on the date of the sheriff's sale.
(b) If the payments required under subsection (a) are not made in full by the date of the sale, the sheriff:
(1) shall cancel the sheriff's sale; and
(2) may conduct the sheriff's sale only:
(A) upon evidence that the payments required under subsection (a) have been made in full; and
(B) after a subsequent praecipe is filed, costs are paid, and the sheriff's sale is advertised under this chapter.
As added by P.L.73-2010, SEC.8. Amended by P.L.144-2013, SEC.1.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-9. Sheriff Prohibited From Purchasing Real Estate at Sheriff's Sale; Default of Purchaser

Sec. 9. (a) A sheriff or an agent of the sheriff making a foreclosure sale under this chapter may not directly or indirectly purchase property sold by the sheriff or the sheriff's agent. If the purchaser of property sold on foreclosure fails to immediately pay the purchase money, the sheriff shall resell the property either on the same day without advertisement or on a subsequent day after again advertising in accordance with this chapter, as the judgment creditor directs. If the amount bid at the second sale does not equal the amount bid at the first sale, including the costs of the second sale, the first purchaser shall be liable for:
(1) the deficiency;
(2) damages not exceeding ten percent (10%); and
(3) interest and costs;
all of which may be recovered in a court of proper jurisdiction by the sheriff.
(b) If the property is sold, the sheriff shall pay the proceeds as provided in IC 32-30-10-14. Every sale made under this chapter is made without right of redemption.
[Pre-2002 Recodification Citation: 32-8-16-5.]
As added by P.L.2-2002, SEC.14. Amended by P.L.45-2016, SEC.8.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-10. Deed of Conveyance; Sheriff to Deliver to Purchaser and Record With County; Exception to Recording Requirement for HUD Mortgages

Sec. 10. (a) Immediately after a foreclosure sale under this chapter, the sheriff shall:
(1) execute and deliver to the purchaser; and
(2) except as provided in subsection (b), record with the recorder of the county in which the premises are located;
a deed of conveyance for the premises, which must be valid to convey all the right, title, and interest held or claimed by all of the parties to the action and all persons claiming under them. The sheriff shall file a return with the clerk of the court.
(b) The sheriff is not required to record the deed of conveyance for the premises under subsection (a)(2) if the mortgage involved in the foreclosure action resulting in the foreclosure sale under this chapter was insured by the United States Department of Housing and Urban Development.
[Pre-2002 Recodification Citation: 32-8-16-6.]
As added by P.L.2-2002, SEC.14. Amended by P.L.105-2009, SEC.17.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-11. Receiver; Duties; Owner Permitted to Retain Possession of Property Used as Dwelling; Limitations

Sec. 11. (a) If the court appoints a receiver of mortgaged property, the receiver shall take possession of the mortgaged property, collect the rents, issues, income, and profits and apply the rents, issues, income, and profits to the payment of taxes, assessments, insurance premiums, and repairs required in the judgment of the receiver to preserve the security of the mortgage debt. The receiver shall promptly file a final report with the clerk of the court and, subject to the approval of the court, account for and pay over to the clerk, subject to the further order of the court, the balance of income or other proceeds that remain in the receiver's possession.
(b) If the mortgaged property is occupied as a dwelling by the record owner of the fee simple title, the owner shall be permitted to retain possession of the mortgaged property, rent free, until the foreclosure sale if the owner continues to pay the taxes and special assessments levied against the mortgaged property and if the owner, in the judgment of the court, does not suffer waste or other damage to the property. However, if the record owner of the fee simple title does not pay the taxes and special assessments levied against the mortgaged property, the owner may retain possession of that part of the mortgaged property, not exceeding fifteen (15) acres, that is actually occupied as a dwelling by the record owner of the fee simple title, rent free, until the sale, if the owner does not, in the judgment of the court, suffer waste or other damage to the property. The owner of any crops growing on the mortgaged property at the time of the commencement of an action for foreclosure, other than the owner of fee simple title or the owner's assigns, may enter the property to care for and harvest the crops at any time within one (1) year after the filing of the foreclosure action.
[Pre-2002 Recodification Citation: 32-8-16-7.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-12. Owner's Right to Crops

Sec. 12. If the record owner of the fee simple title has the right under section 11 of this chapter to retain possession of the mortgaged premises or any part of the mortgaged premises until the foreclosure sale, the owner may, at any time within one (1) year after the commencement of the foreclosure action, enter the premises to care for and harvest any crops growing at the time of the commencement of the foreclosure action on all or part of the mortgaged premises.
[Pre-2002 Recodification Citation: 32-8-16-8.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-13. Other Means of Redemption Excluded

Sec. 13. There may not be a redemption from the foreclosure of a mortgage executed after June 30, 1931, on real estate except as provided in this chapter and in IC 32-29-8.
[Pre-2002 Recodification Citation: 32-8-16-9.]
As added by P.L.2-2002, SEC.14. Amended by P.L.130-2012, SEC.4.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 7. Foreclosure ─ Redemption, Sale, Right to Retain Possession › 32-29-7-14. Applicability

Sec. 14. The laws of Indiana in force on June 29, 1931, shall apply to the foreclosure of any mortgage executed before June 30, 1931.
[Pre-2002 Recodification Citation: 32-8-16-10.]
As added by P.L.2-2002, SEC.14.