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Indiana Code Title 32. Property § 32-30-10.5-8.5

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Sec. 8.5 . (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) .

Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-30-10.5-8.5 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-30-10-5-8-5/


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