reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 8. Parties to Foreclosure Suit; Redemption › 32-29-8-1. Mortgagee or Assignee; Purchaser at Judicial Sale

Sec. 1. If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant.
[Pre-2002 Recodification Citation: 32-8-17-1 part.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 8. Parties to Foreclosure Suit; Redemption › 32-29-8-2. Failure of Assignee to Record Assignment

Sec. 2. A person who is assigned a mortgage and fails to have the assignment properly placed on the mortgage record is bound by the court's judgment or decree as if the person were a party to the suit.
[Pre-2002 Recodification Citation: 32-8-17-1 part.]
As added by P.L.2-2002, SEC.14. Amended by P.L.130-2012, SEC.5; P.L.189-2013, SEC.1.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 8. Parties to Foreclosure Suit; Redemption › 32-29-8-3. Good Faith Purchaser at Judicial Sale

Sec. 3. A person who:
(1) purchases a mortgaged premises or any part of a mortgaged premises under the court's judgment or decree at a judicial sale or who claims title to the mortgaged premises under the judgment or decree; and
(2) buys the mortgaged premises or any part of the mortgaged premises without actual notice of an assignment that is not of record;
holds the premises free and discharged of the lien.
[Pre-2002 Recodification Citation: 32-8-17-1 part.]
As added by P.L.2-2002, SEC.14. Amended by P.L.130-2012, SEC.6; P.L.189-2013, SEC.2.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 9. Name of and Service on Parties Defendant in Foreclosure Suits › 32-29-9-1. Necessary Party Defendants

Sec. 1. (a) In a suit brought in a court of Indiana to:
(1) foreclose a mortgage or other lien on real estate located in Indiana; or
(2) sell real estate located in Indiana;
if the plaintiff is required to make a person a party to the suit, the plaintiff may list the person as a defendant by the name in which the person's lien or claim appears on the public records of the county in which the suit is brought.
(b) Service of summons or notice by publication to the person, described in subsection (a) is sufficient to make the court's judgment binding as to the person.
[Pre-2002 Recodification Citation: 32-8-18-1.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-1. "Series Mortgage"

Sec. 1. As used in this chapter, "series mortgage" means any mortgage, indenture of trust, or trust deed executed to create a lien on any property, whether real or personal or both, in Indiana to secure one (1) or more series of bonds, notes, or debentures. The term applies without regard to whether the total obligation to be secured is specifically defined, limited, or left open in the original security instrument.
[Pre-2002 Recodification Citation: 32-8-19-1(a).]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-2. "Final Maturity Date of the Series Mortgage"

Sec. 2. As used in this chapter, "final maturity date of the series mortgage" means the maturity date of the last to mature of the bonds, notes, or debentures secured by a series mortgage, as the maturity date is shown of record in the original security instrument or in a supplemental indenture subsequently recorded.
[Pre-2002 Recodification Citation: 32-8-19-1(b).]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-3. "Original Security Instrument"

Sec. 3. As used in this chapter, "original security instrument" means the original instrument or indenture executed to evidence a series mortgage.
[Pre-2002 Recodification Citation: 32-8-19-1(c).]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-4. "Supplemental Indenture"

Sec. 4. As used in this chapter, "supplemental indenture" means an instrument or indenture executed to supplement the original security instrument, defining one (1) or more series of bonds, notes, or debentures secured, or to be secured, by the series mortgage, specifying property subject to the lien of the series mortgage or in another manner supplementing or amending the original security instrument.
[Pre-2002 Recodification Citation: 32-8-19-1(d).]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-5. Expiration of Lien; Limitation of Actions

Sec. 5. Notwithstanding any other Indiana statute:
(1) the lien of a series mortgage expires ten (10) years after the final maturity date of the series mortgage; and
(2) an action may not be commenced in an Indiana court to enforce or to foreclose the lien of a series mortgage more than ten (10) years after the final maturity date of the series mortgage.
[Pre-2002 Recodification Citation: 32-8-19-2.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 10. Ten Year Expiration on Lien of a Series Mortgage › 32-29-10-6. Impairment or Injury by Passage of Time

Sec. 6. Notwithstanding any other Indiana statute, the lien of a series mortgage may not be impaired or injured by the passage of time other than as provided in section 5 of this chapter.
[Pre-2002 Recodification Citation: 32-8-19-3.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 29. Mortgages › Chapter 11. Duty to Satisfy Record › 32-29-11-1. Duty to Release and Record the Satisfaction of Discharged Obligation

Sec. 1. Unless otherwise provided in this article, if the debt or obligation, and the interest on the debt or obligation, that a mortgage secures has been fully paid, lawfully tendered, and discharged, the owner, holder, or custodian of the mortgage shall:
(1) release;
(2) discharge; and
(3) satisfy of record;
the mortgage as provided in IC 32-28-1.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.14.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.79-2005 apply only to a cause of action accruing after June 30, 2005.
As added by P.L.220-2011, SEC.527.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-1. "Person" Defined

Sec. 1. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, a business trust, a joint stock company, or an unincorporated organization.
[Pre-2002 Recodification Citation: 32-15-1-1 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 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-2. "Contract" Defined

Sec. 2. As used in this chapter, "contract" means an oral or a written contract.
[Pre-2002 Recodification Citation: 32-15-1-1 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 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-3. "Tort" Defined

Sec. 3. As used in this chapter, "tort" means an injury to person or property caused by a means other than a breach of contract.
[Pre-2002 Recodification Citation: 32-15-1-1 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 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-4. "Date of Substantial Completion" Defined

Sec. 4. As used in this chapter, "date of substantial completion" means the earlier of:
(1) the date upon which construction of an improvement to real property is sufficiently completed under a contract of construction, as modified by any additions, deletions, or other amendments, so that the owner of the real property upon which the improvement is constructed can occupy and use the premises in the manner contemplated by the terms of the contract; or
(2) the date of the first beneficial use of the improvement to real property or of any portion of the improvement.
[Pre-2002 Recodification Citation: 32-15-1-1 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 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-5. Statute of Limitations; General Rule

Sec. 5. (a) As used in this section, "designer" means a person who:
(1) designs, plans, supervises, or observes the construction of an improvement to real property; or
(2) constructs an improvement to real property.
(b) As used in this section, "possessor" means a person having ownership, possession, or control of real property at the time an alleged deficiency in an improvement to the real property causes injury or wrongful death.
(c) As used in this section, "deficiency" does not mean a failure by a possessor to use reasonable care to maintain an improvement to real property following a substantial completion of an improvement.
(d) An action to recover damages, whether based upon contract, tort, nuisance, or another legal remedy, for:
(1) a deficiency or an alleged deficiency in the design, planning, supervision, construction, or observation of construction of an improvement to real property;
(2) an injury to real or personal property arising out of a deficiency; or
(3) an injury or wrongful death of a person arising out of a deficiency;
may not be brought against a designer or possessor unless the action is commenced within the earlier of ten (10) years after the date of substantial completion of the improvement or twelve (12) years after the completion and submission of plans and specifications to the owner if the action is for a deficiency in the design of the improvement.
[Pre-2002 Recodification Citation: 32-15-1-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.79-2005, SEC.1.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-6. Statute of Limitations; Applicable to Injury or Wrongful Death Occurring During Ninth or Tenth Year After Substantial Completion

Sec. 6. (a) Notwithstanding section 5 of this chapter, if an injury to or wrongful death of a person occurs during the ninth or tenth year after substantial completion of an improvement to real property, an action in tort to recover damages for the injury or wrongful death may be brought within two (2) years after the date on which the injury occurred, irrespective of the date of death.
(b) However, an action may not be brought more than:
(1) twelve (12) years after the substantial completion of construction of the improvement; or
(2) fourteen (14) years after the completion and submission of plans and specifications to the owner, if the action is for a deficiency in design;
whichever comes first.
[Pre-2002 Recodification Citation: 32-15-1-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 1. Statute of Limitations in Actions Concerning Real Estate › 32-30-1-7. Repealed

[Pre-2002 Recodification Citation: 32-15-1-4.]
As added by P.L.2-2002, SEC.15. Repealed by P.L.79-2005, SEC.2.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-1. Action to Recover Real Property From Tenant; Other Persons

Sec. 1. A person having a valid subsisting interest in real property and a right to the possession of the real property may recover the real property and take possession by an action brought against the tenant in possession or, if there is not a tenant, against the person claiming the title or interest in the real property.
[Pre-2002 Recodification Citation: 32-15-2-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-2. Landlord Substituted as Defendant in Action to Recover Real Property From Tenant

Sec. 2. If it appears in an action brought under section 1 of this chapter that the defendant is only a tenant, the landlord may be substituted as the defendant if the landlord has received reasonable notice.
[Pre-2002 Recodification Citation: 32-15-2-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-3. Legal Service on Nonresident Defendant

Sec. 3. Legal service on a defendant who is a nonresident:
(1) is considered served on the defendant if the service is made to the defendant's agent for the property and the defendant's agent resides in Indiana; or
(2) may be had by publication, as in other cases.
[Pre-2002 Recodification Citation: 32-15-2-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-4. Contents of Complaint

Sec. 4. In an action initiated under section 1 of this chapter, the plaintiff's complaint must contain the following information:
(1) A claim that the plaintiff is entitled to the possession of the premises, including a description of the premises.
(2) The interest the plaintiff claims in the premises.
(3) That the defendant unlawfully keeps the plaintiff from possession of the premises.
[Pre-2002 Recodification Citation: 32-15-2-4.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-5. Answer to Complaint; Denials

Sec. 5. The answer of the defendant to a complaint under section 4 of this chapter may contain a denial of each material statement or allegation in the plaintiff's complaint. With each denial, the defendant may give in evidence every legal or equitable defense to the action that the defendant may have.
[Pre-2002 Recodification Citation: 32-15-2-5.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-6. Defendant Not Required to Prove Possession

Sec. 6. The defendant is not required to prove the defendant is in possession of the premises to make a defense under this chapter.
[Pre-2002 Recodification Citation: 32-15-2-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-7. Recovery for Use and Occupation; Recovery Limitation

Sec. 7. The plaintiff may recover in an action under this chapter for the use and occupation of the premises up to the time the use or occupation is terminated by the defendant. However, the plaintiff may not recover for the use and occupation of the premises for more than six (6) years before the commencement of the action.
[Pre-2002 Recodification Citation: 32-15-2-7.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-8. Expiration of Plaintiff's Interest; Damages Only

Sec. 8. If the plaintiff's interest in the premises expires before the time in which the plaintiff could be put in possession of the premises, the plaintiff may obtain only a judgment for damages.
[Pre-2002 Recodification Citation: 32-15-2-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-9. Multiple Parties; Recovery

Sec. 9. If there are two (2) or more plaintiffs or defendants, one (1) or more of the plaintiffs may recover against one (1) or more of the defendants:
(1) the premises or any part of the premises;
(2) an interest in the premises; or
(3) damages;
according to the right of the parties, but the recovery may not be for an interest greater than the interest claimed by the party.
[Pre-2002 Recodification Citation: 32-15-2-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-10. Petition for New Trial

Sec. 10. A petition for a new trial under this chapter may be made by the party against whom judgment is rendered, or the party's heirs, assigns, or personal representatives, under the same restrictions and on the same grounds as allowed in other civil actions.
[Pre-2002 Recodification Citation: 32-15-2-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-11. Petition for New Trial; Filing

Sec. 11. The petition for a new trial must be filed at the time provided for the filing of petitions for a new trial in other civil actions.
[Pre-2002 Recodification Citation: 32-15-2-11.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-12. Third Persons Acquiring Interest During Proceedings

Sec. 12. Third persons acquiring an interest in the subject matter of the action during the pendency of the proceedings initiated under this chapter shall take their interests subject to the final result of the proceedings.
[Pre-2002 Recodification Citation: 32-15-2-12.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-13. Recovery From Good Faith Purchaser After New Trial

Sec. 13. A party who, after a new trial, proves that the party is entitled to the premises that have been transferred in good faith to a purchaser may recover the proper amount of damages against the other party, either in the same action or in a subsequent action.
[Pre-2002 Recodification Citation: 32-15-2-13.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-14. Judgment Conclusive Evidence Against Landlord Receiving Notice

Sec. 14. In an action against a tenant under this chapter, the judgment is conclusive evidence against the landlord who has received notice under section 2 of this chapter.
[Pre-2002 Recodification Citation: 32-15-2-14.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-15. Plaintiff's Recovery Dependent Upon Strength of Plaintiff's Own Title

Sec. 15. To recover through an action brought under this chapter, the plaintiff must recover on the strength of the plaintiff's own title.
[Pre-2002 Recodification Citation: 32-15-2-15.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-16. Order Allowing Entry to Survey; Motion; Notice; Hearing

Sec. 16. After:
(1) the plaintiff has filed a motion with the court;
(2) notice has been delivered to the defendant; and
(3) a hearing at which the plaintiff has shown cause;
the court may grant an order allowing the plaintiff to enter upon the property in controversy and make a survey and admeasurement of the property for purposes of an action under this chapter.
[Pre-2002 Recodification Citation: 32-15-2-16.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-17. Entry Order; Description of Property; Service Upon Owner or Occupant

Sec. 17. An order issued by a court under section 16 of this chapter must describe the property. A copy of the court order must be served upon the owner or person having occupancy and control of the property.
[Pre-2002 Recodification Citation: 32-15-2-17.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-18. Damages; Set Off

Sec. 18. If a plaintiff in an action under this chapter is entitled to damages for withholding, using, or injuring the plaintiff's property, the defendant may set off the value of any permanent improvements made to the property to the extent of the damages, unless the defendant prefers to use the law for the benefit of occupying defendants.
[Pre-2002 Recodification Citation: 32-15-2-18.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-19. Defendant's Wanton Aggression; Exemplary Damages

Sec. 19. If a defendant has demonstrated wanton aggression concerning the property that is subject to an action under this chapter, the jury may award the plaintiff exemplary damages.
[Pre-2002 Recodification Citation: 32-15-2-19.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-20. Action to Determine and Quiet Title; Plaintiffs

Sec. 20. An action to determine and quiet a question of title to property may be brought by a plaintiff who:
(1) is in possession of the property;
(2) is out of possession of the property; or
(3) has a remainder or reversion interest in the property;
against a defendant who claims title to or an interest in the real property with a claim that is adverse to the plaintiff, even if the defendant is not in possession of the property.
[Pre-2002 Recodification Citation: 32-15-2-20.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-21. Application

Sec. 21. This chapter applies, as far as applicable, to:
(1) cases and partition cases where the title to real estate is a genuine question; and
(2) the pleadings and evidence between parties concerning questions of title to real estate.
[Pre-2002 Recodification Citation: 32-15-2-21.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-22. Defendant's Answer; Court Costs

Sec. 22. If the defendant's answer to a complaint under this chapter disclaims any interest or estate in the property, or if the defendant does not answer the complaint and the court issues a default judgment against the defendant, the defendant may not be required to pay the plaintiff's court costs.
[Pre-2002 Recodification Citation: 32-15-2-22.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 2. Ejectment and Quiet Title › 32-30-2-23. Action Against Cotenant; Plaintiff's Evidentiary Burden

Sec. 23. In an action by a plaintiff who is a tenant in common or joint tenant of real property against the plaintiff's cotenant, the plaintiff must show, in addition to the plaintiff's evidence of right, that defendant:
(1) denied plaintiff's right; or
(2) did some act amounting to a denial of a plaintiff's right.
[Pre-2002 Recodification Citation: 32-15-2-23.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-1. Action for Ejectment or Recovery of Possession of Real Estate; Plaintiff's Affidavit

Sec. 1. (a) This section applies to all actions:
(1) in ejectment; or
(2) for the recovery of possession of real estate.
(b) At the time of filing a complaint or at any time before judgment, a plaintiff may file with the clerk of the court in which the action is filed or pending an affidavit stating the following:
(1) The plaintiff is entitled to possession of the property described in the complaint.
(2) The defendant has unlawfully retained possession of the property described in the complaint.
(3) The estimated value of the property described in the complaint.
(4) The estimated rental value of the property described in the complaint.
[Pre-2002 Recodification Citation: 32-6-1.5-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-2. Order to Appear; Order to Show Cause; Requirements

Sec. 2. (a) Upon the filing of an affidavit described in section 1 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear to controvert the affidavit or to show cause why the judge should not remove the defendant from the property and put the plaintiff in possession. The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.
(b) The order to show cause must state the following:
(1) The defendant may file supporting affidavits with the court.
(2) The defendant may appear and present supporting testimony at the hearing on the order to show cause.
(3) The defendant may file with the court a written undertaking to stay the delivery of the property under this chapter.
(4) The judge may issue a judgment of possession in favor of the plaintiff if the defendant fails to appear at the hearing.
[Pre-2002 Recodification Citation: 32-6-1.5-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-3. Preliminary Order for Possession; Required Findings

Sec. 3. After reviewing the complaint, affidavits, and other evidence or testimony, the court may issue an order for possession before the hearing if probable cause appears that:
(1) the property is in immediate danger of destruction, serious harm, or sale to an innocent purchaser; or
(2) the holder of the property threatens to destroy, harm, or sell the property to an innocent purchaser.
[Pre-2002 Recodification Citation: 32-6-1.5-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-4. Order for Possession; Expedited Hearing; Temporary Restraining Orders Instead of Order for Possession

Sec. 4. (a) If a court issues an order of possession under section 3 of this chapter, the defendant or other person from whom possession of the property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause. The court may shorten the time for the hearing and direct that the matter be heard on at least forty-eight (48) hours notice to the plaintiff. An order of possession issued under section 3 of this chapter must direct the sheriff or other executing officer to hold the property until further order of the court.
(b) If a court does not issue an order of possession under section 3 of this chapter, the court may, in addition to issuing an order to show cause, issue temporary restraining orders against the defendant as needed to preserve the rights of the parties with respect to the property and the status of the property. The court shall issue the temporary restraining orders in accordance with the rules of the supreme court governing the issuance of injunctions.
[Pre-2002 Recodification Citation: 32-6-1.5-4.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-5. Hearing on Order to Show Cause; Court Determinations; Prejudgment Orders; Appointment of Receiver

Sec. 5. (a) After the hearing on the order to show cause, the court shall:
(1) consider the pleadings, evidence, and testimony presented at the hearing; and
(2) determine with reasonable probability which party is entitled to possession, use, and enjoyment of the property.
The court's determination is preliminary pending final adjudication of the claims of the parties. If the court determines that the action is an action in which a prejudgment order of possession in plaintiff favor should issue, the court shall issue the order.
(b) The court may issue the prejudgment order of possession in favor of the plaintiff if the defendant fails to appear at the hearing on the order to show cause.
(c) If the plaintiff's property has a peculiar value that cannot be compensated by damages, the court may appoint a receiver to take possession of and hold the property until further order of the court.
[Pre-2002 Recodification Citation: 32-6-1.5-5.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-6. Order of Possession; Prerequisites

Sec. 6. A court may not issue an order of possession in favor of a plaintiff other than an order of final judgment until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court binding the plaintiff to the defendant in an amount sufficient to assure the payment of any damages the defendant may suffer if the court wrongfully ordered possession of the property to the plaintiff.
[Pre-2002 Recodification Citation: 32-6-1.5-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-7. Order of Possession; Requirements

Sec. 7. The court shall direct the order of possession to the sheriff or other officer charged with executing the order and within whose jurisdiction the property is located. The order of possession must:
(1) describe the property;
(2) direct the executing officer to:
(A) seize possession of the property unless the court issued the order without notice to the parties; and
(B) if the defendant has not filed a written undertaking as provided in section 8 of this chapter, put the plaintiff in possession of the property by removing the defendant and the defendant's personal property from the property;
(3) have attached a copy of any written undertaking filed by the plaintiff under section 6 of this chapter; and
(4) inform the defendant of the right to except to the surety upon the plaintiff's undertaking or to file a written undertaking for the repossession of the property as provided in section 8 of this chapter.
[Pre-2002 Recodification Citation: 32-6-1.5-7.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-8. Return of Possession to Defendant; Period for Return; Required Surety; Notice; Proof of Service

Sec. 8. (a) Before the hearing on the order to show cause or before final judgment, and within the time fixed in the order of possession, the defendant may require the return of possession of the property by filing with the court a written undertaking executed by a surety to be approved by the court stating that the defendant is bound in an amount determined by the court sufficient to assure the payment of costs assessed against the defendant for the wrongful detention of the property.
(b) If a defendant files an undertaking under this section, the defendant shall:
(1) serve a notice of filing the undertaking on the executing officer and the plaintiff or the plaintiff's attorney; and
(2) file with the court proof of service of the notice of filing the undertaking.
(c) If a defendant files an undertaking before the hearing on the order to show cause, the court shall terminate the hearing unless the plaintiff takes exception to the surety.
(d) If the property is in the possession of the executing officer when the defendant files the undertaking, the court shall return possession of the property to the defendant not more than five (5) days after service of notice of the filing of the undertaking on the plaintiff or the plaintiff's attorney.
[Pre-2002 Recodification Citation: 32-6-1.5-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-9. Order of Possession; Delivery; Service

Sec. 9. (a) If a defendant or the defendant's attorney is in open court when the court issues the order of possession, a copy of the order shall be delivered to the defendant and the delivery noted in the order book.
(b) If the defendant and the defendant's attorney are not present, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession by delivering the order to the defendant personally or to the defendant's agent. If the executing officer cannot find the defendant or the defendant's agent, the executing officer shall leave the order at the defendant's usual place of abode or with some person of suitable age and discretion. If the defendant and the defendant's agent do not have any known usual place of abode, the executing officer shall mail the order to the defendant's last known address.
[Pre-2002 Recodification Citation: 32-6-1.5-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-10. Removal of Occupants Within 48 Hours Service

Sec. 10. If the property is in the possession or control of the defendant or the defendant's agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is served on the defendant or the defendant's agent.
[Pre-2002 Recodification Citation: 32-6-1.5-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-11. Executing Officer's Return of Order of Possession

Sec. 11. The executing officer shall return the order of possession with the proceedings endorsed on the order to the court in which the action is pending not more than five (5) days after taking into custody the property described in the order.
[Pre-2002 Recodification Citation: 32-6-1.5-11.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-12. Final Judgment Supersedes Prior Orders

Sec. 12. A final judgment supersedes any:
(1) prejudgment order for possession;
(2) temporary restraining order; or
(3) order temporarily changing possession of property;
issued under this chapter.
[Pre-2002 Recodification Citation: 32-6-1.5-12.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-13. Actions in Plaintiff's Own Name

Sec. 13. Any person having a right to:
(1) recover the possession of; or
(2) quiet title to;
real estate in the name of any other person has a right to recover possession or quiet title in the person's own name. An action may not be defeated or reversed if the plaintiff could have successfully maintained the action in the name of another person to inure to the plaintiff's benefit.
[Pre-2002 Recodification Citation: 32-6-3-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-15. Statutory Construction

Sec. 15. Section 14 of this chapter may not be construed to contravene or repeal any other Indiana law concerning title to real estate or suits or actions affecting title to real estate. Section 14 of this chapter supplements laws existing on April 26, 1915.
[Pre-2002 Recodification Citation: 32-6-4-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-16. Action to Quiet Title; Service

Sec. 16. (a) In a suit to quiet title to real estate in a state court, the plaintiff shall serve:
(1) all resident and nonresident defendants whose residence is known; and
(2) all defendants whose residence is unknown.
(b) Service on a known defendant by:
(1) the defendant's individual name;
(2) the name by which the defendant appears of record;
(3) the name by which the defendant is commonly known; or
(4) the defendant's surname if the defendant's first name is unknown;
is sufficient, legal, and binding on and against all persons claiming from, through, or under the defendant.
(c) If a plaintiff serves a defendant by the defendant's surname only, the plaintiff or the plaintiff's attorney shall file an affidavit stating that the plaintiff does not know and has not, after diligent inquiry, been able to ascertain the first name of the defendant.
[Pre-2002 Recodification Citation: 32-6-5-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-17. Entry of Orders and Decrees in Civil Order Book; Quiet Title Record; Index Requirements

Sec. 17. (a) The clerk of a court shall enter in the civil order book all orders and decrees in any suit to quiet the title to real estate. After a court enters final judgment in a proceeding, the clerk shall certify a copy of the final judgment. The clerk shall include the costs of a transcript of the proceedings in the costs of the proceeding.
(b) The county recorder shall record the certified copy of the final judgment and shall collect any applicable recording fee.
(c) A county recorder shall procure a substantially bound book that is the size and quality of the county deed records. The book shall be known as the "Quiet Title Record". The Quiet Title Record must contain a transcript of each proceeding and an index to each transcript. The index must contain the following:
(1) An alphabetical list of plaintiffs.
(2) The date of filing of the transcript.
(3) The date of the final judgment.
(4) The date on which the final judgment was recorded.
(5) A brief description of the real estate that was the subject of the proceeding.
(6) The book and page on which the final judgment is recorded.
[Pre-2002 Recodification Citation: 32-6-5-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.78-2014, SEC.3.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-18. Presumption of Death of Nonresident; Circumstances; Intestate Succession of Title; Vesting in Nonresident's Heirs

Sec. 18. (a) A nonresident who, if alive, would be entitled to take and to own real estate in Indiana by descent or devise is presumed dead if the following conditions are met:
(1) The nonresident has been absent from the nonresident's last place of residence in any other state or country for seven (7) years.
(2) A spouse, parent, child, or sibling of the nonresident has not heard from the nonresident for seven (7) years.
(b) The real estate that a nonresident described in subsection (a) otherwise would have taken descends from the nonresident to the nonresident's heirs under IC 29.
(c) Title that passes under subsection (b) vests in a nonresident's heirs upon full compliance with the provisions of section 19 of this chapter.
[Pre-2002 Recodification Citation: 32-6-6-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-19. Procedure to Claim Title From Nonresident Presumed Dead

Sec. 19. (a) A person who claims real estate under section 18 of this chapter may file a verified complaint in the circuit or superior court of the county in which the real estate is located. The complaint must:
(1) name as a defendant the nonresident who is presumed dead under section 18 of this chapter;
(2) particularly describe the real estate; and
(3) contain a statement of the facts required by section 18 of this chapter.
(b) Notice of the pendency of the action, including the date on which the court shall hear the complaint filed under subsection (a), must be published in a daily or weekly newspaper of general circulation that is printed and published in the county seat of the county in which the real estate is located. If a newspaper does not exist, notice must be published in a newspaper that is printed and published in the county in which the real estate is located. Notice must also be published in a newspaper of general circulation that is printed and published in the county seat of the county in which the defendant last resided. If a newspaper is not printed and published in that county seat, then notice must be published in a newspaper that is printed and published in the county seat nearest to the county in which the defendant last resided.
(c) Prima facie proof of publication of notice as required by subsection (b) consists of:
(1) affidavits of the publishers of the newspapers in which the notice was published; and
(2) a printed copy of the published notice.
(d) The court shall hear the complaint filed under subsection (a) not earlier than sixty-five (65) days after notice was first published under subsection (b). If the court finds that:
(1) the defendant received sufficient notice under subsection (b); and
(2) the facts alleged in the complaint are true;
the court shall enter judgment quieting the title to the real estate in favor of the plaintiff.
(e) A judgment entered under subsection (d) becomes final and absolute three (3) years after the date it was entered unless, within those three (3) years, the defendant appears and moves to vacate the judgment.
[Pre-2002 Recodification Citation: 32-6-6-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-20. Action to Quiet Title of Real Estate Exempt From Sale on Execution

Sec. 20. (a) A resident householder in Indiana who may claim real estate owned by the householder exempt from sale on execution may quiet the title to the real estate against any judgment or lien.
(b) The complaint in an action described in subsection (a) must state the following:
(1) The ownership of the real estate.
(2) The existence of a judgment against the real estate.
(3) The right of the owner to claim the real estate exempt from sale on execution.
(c) In an action described in subsection (a), the title to the real estate may be quieted against a judgment whether the householder has executed the judgment or has filed a schedule claiming an exemption from sale on execution if the court finds that the owner's interest, in value, of the real estate does not at the time of the hearing exceed any mortgages, tax, or assessment on the real estate by more than seven hundred dollars ($700).
[Pre-2002 Recodification Citation: 32-6-7-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3. Ejectment and Quiet Title › 32-30-3-21. Valuation of Exempt Real Estate; Limitation

Sec. 21. At the hearing under section 20 of this chapter, the court shall determine the value of the householder's interest in the real estate and shall set forth this amount in the decree quieting the title to the real estate. While the householder owns the real estate, the amount shall be charged against any other claim of exemption made by the householder to limit the householder's exemption in the real estate from sale on execution or other final process to the amount allowed by law.
[Pre-2002 Recodification Citation: 32-6-7-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-1. Finding That Occupant Not Rightful Owner; Order to Give Possession to Plaintiff

Sec. 1. If an occupant of real property:
(1) has color of title to the property;
(2) in good faith has made valuable improvements to the property; and
(3) after making improvements to the property is found, in a court action, not to be the rightful owner of the property;
an order may not be issued to give the plaintiff possession of the property until a complaint that meets the requirements of section 2 of this chapter has been filed and the provisions of this chapter are complied with.
[Pre-2002 Recodification Citation: 32-15-3-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-2. Complaint; Requirements

Sec. 2. The complaint must:
(1) set forth the grounds on which the defendant seeks relief; and
(2) state, as accurately as practicable, the value of the improvements on the real property and the value of the property without the improvements.
[Pre-2002 Recodification Citation: 32-15-3-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-3. Trial; Required Assessments

Sec. 3. All issues under this chapter joined together must be tried as in other cases, and the court or jury trying the cause shall assess the following:
(1) The value of all lasting improvements made on the real property in question before the commencement of the action for the recovery of the property.
(2) The damages, if any, which the premises may have sustained by waste or cultivation through the time the court renders a judgment.
(3) The fair value of the rents and profits that may have accrued, without the improvements, through the time the court renders a judgment.
(4) The value of the real property that the successful claimant has in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by those under whose title to the property the defendant claims.
[Pre-2002 Recodification Citation: 32-15-3-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-4. Payment for Improvements; Possession

Sec. 4. The plaintiff in the main action for possession of the real property may pay the appraised value of the improvements to the real property, and the taxes paid, with interest, deducting the value of the rents and profits, and the damages sustained, as assessed at the trial, and take the property.
[Pre-2002 Recodification Citation: 32-15-3-4.]
As added by P.L.2-2002, SEC.15.