Indiana § 32-30-10.5-8.5 Debtor's request for settlement conference; court to stay granting of
dispositive motion and to treat request as appearance by debtor

Indiana Statutes

§ 32-30-10.5-8.5 — Debtor's request for settlement conference; court to stay granting of dispositive motion and to treat request as appearance by debtor

Indiana § 32-30-10.5-8.5

Title 32PROPERTY

Art. 30CAUSES OF ACTION CONCERNING REAL

Ch. 10.5Foreclosure Prevention Agreements for Residential

This text of Indiana § 32-30-10.5-8.5 (Debtor's request for settlement conference; court to stay granting of dispositive motion and to treat request as appearance by debtor) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-30-10.5-8.5 (2026).

Text

5.

(a)This section applies to the following:

(1)A mortgage foreclosure action with respect to which:

(A)the creditor has filed the complaint in the proceeding before July 1, 2011;

(B)the debtor has contacted the court under section 8(c) of this chapter or under section 11(b) of this chapter to schedule a settlement conference under this chapter; and

(C)the court having jurisdiction over the action has not:

(i)issued a stay in the foreclosure proceedings pending the conclusion of the settlement conference under this chapter;

(ii)issued a default judgment against the debtor in the action; or

(iii)rendered a judgment of foreclosure in the action.

(2)A mortgage foreclosure action with respect to which:

(A)the creditor has filed the complaint in the proceeding after June 30, 2011; and

Free access — add to your briefcase to read the full text and ask questions with AI

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