Indiana § 32-30-10.5-9 Conditions for court's issuance of judgment of foreclosure; exceptions

Indiana Statutes

§ 32-30-10.5-9 — Conditions for court's issuance of judgment of foreclosure; exceptions

Indiana § 32-30-10.5-9

Title 32PROPERTY

Art. 30CAUSES OF ACTION CONCERNING REAL

Ch. 10.5Foreclosure Prevention Agreements for Residential

This text of Indiana § 32-30-10.5-9 (Conditions for court's issuance of judgment of foreclosure; exceptions) 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 § 32-30-10.5-9 (2026).

Text

(a)Except as provided in sections 8(e) and 10(g) of this chapter and subsection (b), and subject to section 8.5 of this chapter, after June 30, 2009, a court may not issue a judgment of foreclosure under IC 32-30-10 on a mortgage subject to this chapter unless all of the following apply:

(1)The creditor has given the notice required under section 8(c) of this chapter.

(2)One (1) of the following applies:

(A)The debtor does not contact the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter.

(B)The debtor contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter and, upon conclusion of the settlement conference,

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(a) Except as provided in sections 8(e) and
10(g) of this chapter and subsection (b), and subject to section 8.5 of
this chapter, after June 30, 2009, a court may not issue a judgment of
foreclosure under IC 32-30-10 on a mortgage subject to this chapter
unless all of the following apply:
(1) The creditor has given the notice required under section 8(c)
of this chapter.
(2) One (1) of the following applies:
(A) The debtor does not contact the court within the thirty (30)
day period described in section 8(c) of this chapter to schedule
a settlement conference under this chapter.
(B) The debtor contacts the court within the thirty (30) day
period described in section 8(c) of this chapter to schedule a
settlement conference under this chapter and, upon conclusion
of the settlement conference, the parties are unable to reach
agreement on the terms of a foreclosure prevention agreement.
(C) In a foreclosure action filed after June 30, 2011, the debtor:
(i) contacts the court within the thirty (30) day period
described in section 8(c) of this chapter to schedule a
settlement conference under this chapter; and
(ii) does not provide to the creditor and the court at least one
(1) of the documents required as part of the debtor's loss
mitigation package, as specified by the authority in the listing
developed under section 10(i) of this chapter and included
with the court's notice under section 10(a)(8) of this chapter,
within the time specified in the court's notice under section
10(a)(3)(A) of this chapter.
(3) At least sixty (60) days have elapsed since the date the notice
required by section 8(a) of this chapter was sent.
(b) If the court finds that a settlement conference would be of
limited value based on the result of a prior loss mitigation effort
between the creditor and the debtor:
(1) a settlement conference is not required under this chapter; and
(2) the conditions set forth in subsection (a) do not apply, and the
foreclosure action may proceed as otherwise allowed by law.