| Indiana Foreclosure
Procedure
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Use the following
foreclosure process to develop a definite plan of action with
well-timed, well-informed steps, so you can stop the foreclosure process
and save your home!
The Process
In Indiana, a lender can file a lawsuit
to foreclose on real estate. The date the mortgage was signed determines
the length of time it takes between the filing of the lawsuit and the
foreclosure sale. Here are the applicable waiting periods:
| Before
January 1, 1958: |
12 months |
| Between
January 1, 1958 - July 1,1975 |
6 months |
| After July
1, 1975 |
3 months |
Procedure
If the owner files a waiver of the time
limit with the court clerk, which has been signed by the lender (or
judgment holder), then the foreclosure sale process may begin without
the need to delay 3 to 12 months. If such a waiver is used however, the
lender loses the right to sue the borrower for a deficiency.
The foreclosure sale process involves
publishing an ad once a week for three weeks. The first ad must be run
30 days before the sale. At the time the first ad is run, each owner
must be served with notice of the foreclosure sale by the sheriff. The
sheriff conveys title by a deed given immediately after the sale. The
owner may reside in the property, rent free, until the foreclosure sale,
provided the owner is no) committing waste, which means tearing up the
property.
Redemption
There is no right to redemption after
the foreclosure sale. The waiting precedes the sale. If the property is
not a principal residence, a receiver can be appointed to take charge of
it.
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