(a)In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(1)the period is:
(A)twelve (12) months in a proceeding for the foreclosure of
a mortgage executed before January 1, 1958; and
(B)six (6) months in a proceeding for the foreclosure of a
mortgage executed after December 31, 1957, but before July 1,
1975; and
(2)if the court finds under IC 32-30-10.6 that the mortgaged real
estate has been abandoned, a judgment or decree of sale may be
executed on the date the judgment of foreclosure or decree of sale
is entered, regardless of the date the mortgage is executed.
(b)A judgment and decree in a procee
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(a) In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(1) the period is:
(A) twelve (12) months in a proceeding for the foreclosure of
a mortgage executed before January 1, 1958; and
(B) six (6) months in a proceeding for the foreclosure of a
mortgage executed after December 31, 1957, but before July 1,
1975; and
(2) if the court finds under IC 32-30-10.6 that the mortgaged real
estate has been abandoned, a judgment or decree of sale may be
executed on the date the judgment of foreclosure or decree of sale
is entered, regardless of the date the mortgage is executed.
(b) A judgment and decree in a proceeding to foreclose a mortgage
that is entered by a court having jurisdiction may be filed with the clerk
in any county as provided in IC 33-32-3-2. After the period set forth in
subsection (a) expires, a person who may enforce the judgment and
decree may file a praecipe with the clerk in any county where the
judgment and decree is filed, and the clerk shall promptly issue and
certify to the sheriff of that county a copy of the judgment and decree
under the seal of the court. However, if:
(1) a praecipe is not filed with the clerk within one hundred eighty
(180) days after the later of the dates on which:
(A) the period specified in subsection (a) expires; or
(B) the judgment and decree is filed; and
(2) the sale is not:
(A) otherwise prohibited by law;
(B) subject to a voluntary statewide foreclosure moratorium; or
(C) subject to a written agreement that:
(i) provides for a delay in the sale of the mortgaged real
estate; and
(ii) is executed by and between the owner of the mortgaged
real estate and a party entitled to enforce the judgment and
decree;
an enforcement authority that has issued an abatement order under IC 36-7-36-9 with respect to the mortgaged real estate may file a praecipe
with the clerk in any county where the judgment and decree is filed. If
an enforcement authority files a praecipe under this subsection, the
clerk of the county in which the praecipe is filed shall promptly issue
and certify to the sheriff of that county a copy of the judgment and
decree under the seal of the court.
(c) Upon receiving a certified judgment under subsection (b), the
sheriff shall, subject to section 4 of this chapter, sell the mortgaged
premises or as much of the mortgaged premises as necessary to satisfy
the judgment, interest, and costs. The sale may be conducted
electronically under subsection (d), at public auction at the office of the
sheriff, or at another location that is reasonably likely to attract higher
competitive bids. The sheriff shall schedule the date and time of the
sheriff's sale for:
(1) a date not later than:
(A) sixty (60) days after the date on which a judgment and
decree under IC 32-30-10.6-5; and
(B) one hundred twenty (120) days after the date on which a
judgment and decree in all other cases;
under seal of the court is certified to the sheriff by the clerk; and
(2) a time certain between the hours of 10 a.m. and 4 p.m. on any
day of the week except Sunday.
(d) The county sheriff may conduct the public auction required
under subsection (c) electronically. The electronic sale must comply
with the other requirements in this section. If the public auction is
conducted electronically, the county sheriff may receive electronic
payments and establish procedures necessary to secure the payments
by the time of the sale. The auction provider may not add an additional
cost for conducting the sale electronically.
(e) Before selling mortgaged property, the sheriff must advertise the
sale by publication once each week for three (3) successive weeks:
(1) with each publication of notice in a daily or weekly newspaper
of general circulation in at least one (1) newspaper published and
circulated in each county where the real estate is situated; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications of
notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of each county where the real estate
is located.
The first publication shall be made at least thirty (30) days before the
date of sale. At the time of placing the first advertisement by
publication, the sheriff shall also serve a copy of the written or printed
notice of sale upon each owner of the real estate. Service of the written
notice shall be made as provided in the Indiana Rules of Trial
Procedure governing service of process upon a person.
(f) The sheriff shall charge a fee of ten dollars ($10) to one (1)
owner and three dollars ($3) to each additional owner for service of
written notice under subsection (e). The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected;
and
(3) to be deposited in the county general fund for appropriation
for operating expenses of the sheriff's department.
(g) The sheriff also shall post written or printed notices of the sale
at the door of the courthouse of each county in which the real estate is
located.
(h) If the sheriff is unable to procure the publication of a notice
within the county, the sheriff may dispense with publication. The
sheriff shall state that the sheriff was not able to procure the
publication and explain the reason why publication was not possible.
(i) Notices under subsections (e), (f), (g), and (k) must contain a
statement, for informational purposes only, of the location of each
property by street address, if any, or other common description of the
property other than legal description. A misstatement in the
informational statement under this subsection does not invalidate an
otherwise valid sale.
(j) The sheriff may charge an administrative fee of not more than
three hundred dollars ($300) with respect to a proceeding referred to
in subsection (b) for actual costs directly attributable to the
administration of the sale under subsection (c). The fee is:
(1) payable by the person seeking to enforce the judgment and
decree; and
(2) due at the time of filing of the praecipe;
under subsection (b).
(k) If a sale of mortgaged property scheduled under this section is
canceled, the sheriff shall provide written notice of the cancellation to
each owner of the real estate. Service of the written notice shall be
made as provided in the Indiana Rules of Trial Procedure governing
service of process upon a person. The sheriff shall charge a fee of ten
dollars ($10) for notice to one (1) owner and three dollars ($3) for
notice to each additional owner for service of written notice under this
subsection. The fee:
(1) is a cost of the proceeding;
(2) shall be collected as other costs of the proceeding are
collected; and
(3) shall be deposited in the county general fund for appropriation
for operating expenses of the sheriff's department.
The fee for service under this subsection shall be paid by the person
who caused the sale to be canceled.
[Pre-2002 Recodification Citation: 32-8-16-1.]