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§ 32-30-10-6-4 — Indiana Law | CourtGPT
  1. Home/
  2. Laws/
  3. Indiana/
  4. Title 32 - Property/
  5. Article 30 - Causes of Action Concerning Real Property/
  6. Chapter 10.6 - Determination of Abandonment for Property Subject to A Mortgage Foreclosure Action32-30-10.6-1. Applicability/
  7. § 32-30-10-6-4
Indiana Legal Code

§ 32-30-10-6-4

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(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

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

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