§ 32-30-10.6-4 — Court's order to show cause; contents; appearance date; right to present evidence or objections; right to counsel

Indiana § 32-30-10.6-4

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 10.6: Determination of Abandonment for Property Subject

Text

(a) Upon receiving a request for a
determination of abandonment from a creditor through a petition or
motion filed with the court and served on the required parties in
accordance with section 3 of this chapter, the court shall issue an order
to show cause as to why the property should not be found to be
abandoned and a judgment in rem foreclosing the mortgage entered and
directing the petitioner, the debtor, and any other person or party the
court considers appropriate to appear before the court on a date and
time specified in the order under subdivision (1). The court's order
under this subsection must do the following:
(1) Direct the parties subject to the order to appear before the
court on a date and time specified by the court. The date specified
under this subdivision must not be:
(A) earlier than fifteen (15) days; or
(B) later than twenty-five (25) days;
after the date of the court's order under this section.
(2) Notify the parties subject to the order that any party ordered
to appear:
(A) may present evidence or objections on the issue of
abandonment to the court:
(i) in writing before the appearance date specified by the
court under subdivision (1); or
(ii) in writing or by oral testimony on the date and at the time
specified by the court under subdivision (1);
in the manner specified by the court; and
(B) has the right to be represented by an attorney when
appearing before the court.
(3) Notify the parties subject to the order that if a party fails to:
(A) submit written evidence or objections to the court before
the appearance date specified by the court under subdivision
(1); or
(B) appear before the court on the date and at the time specified
by the court under subdivision (1);
the party's failure to submit evidence or objections or to appear
before the court will result in a finding of abandonment and the
entry of an in rem judgment foreclosing the mortgage by the
court.
(b) A party subject to an order issued by the court under this section
has the following rights, as described in the court's order under
subsection (a):
(1) The right to present evidence or objections on the issue of
abandonment to the court:
(A) in writing before the appearance date specified in the
court's order under subsection (a)(1); or
(B) in writing or by oral testimony on the date and at the time
specified in the court's order under subsection (a)(1);
in the manner specified by the court.
(2) The right to be represented by an attorney when appearing
before the court.

Legislative History

As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.22; P.L.247-2015, SEC.33.