§ 32-30-10.6-5 — Prima facie evidence of abandonment; order finding abandonment and judgment in rem foreclosing mortgage

Indiana § 32-30-10.6-5

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

Text

(a) Subject to subsection (b), for purposes
of an abandonment determination under this chapter, one (1) or more
of the following constitute prima facie evidence that property is
abandoned:
(1) The enforcement authority that has jurisdiction in the location
of the property has issued an order under IC 36-7-36-9 with
respect to the property.
(2) Windows or entrances to the property are boarded up or closed
off.
(3) Multiple window panes on the property are broken and
unrepaired.
(4) One (1) or more doors to the property are smashed through,
broken off, unhinged, or continuously unlocked.
(5) Gas service, electric service, water service, or other utility
service to the property has been terminated.
(6) Rubbish, trash, or debris has accumulated on the property.
(7) The property is deteriorating and is either below or in
imminent danger of falling below minimum community standards
for public safety and sanitation.
(8) The creditor has changed the locks on the property and for at
least fifteen (15) days after the changing of the locks the owner
has not requested entrance to the property.
(9) There exist one (1) or more written statements, including
documents of conveyance, that have been executed by the debtor,
or by the debtor's personal representatives or assigns, and that
indicate a clear intent to abandon the property.
(10) There exists other evidence indicating a clear intent to
abandon the property.
(b) Regardless of whether any of the conditions described in
subsection (a) are found to apply, the debtor's failure to either:
(1) present evidence or objections on the issue of abandonment to
the court in writing before the appearance date specified in the
court's order under section 4(a)(1) of this chapter; or
(2) appear before the court on the date specified in the court's
order under section 4(a)(1) of this chapter;
constitutes prima facie evidence that the property is abandoned.
(c) If the court finds that:
(1) one (1) or more of the conditions described in subsection (a)
apply; or
(2) the circumstances described in subsection (b) apply;
the court shall issue an order finding that the property is abandoned and
enter a judgment in rem foreclosing the mortgage.

Legislative History

As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.23; P.L.247-2015, SEC.34.