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Indiana Code Title 32. Property § 32-30-10.6-4

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Sec. 4. (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.

Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-30-10.6-4 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-30-10-6-4/


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