2017 Indiana Code
TITLE 32. Property
ARTICLE 30. CAUSES OF ACTION CONCERNING REAL PROPERTY
CHAPTER 10.6. Determination of Abandonment for Property Subject to a Mortgage Foreclosure Action
32-30-10.6-3. Abandonment determination; petition by creditor or enforcement authority
Sec. 3. (a) At any time during a mortgage foreclosure action, the creditor may petition the court for a determination that the mortgaged property is abandoned. A petition filed with the court under this section must:
(1) allege that the mortgaged property is abandoned; and
(2) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.
A petition under this section shall be served on the debtor in the manner prescribed by the Indiana Rules of Trial Procedure.
(b) At any time during a mortgage foreclosure action, the enforcement authority that has jurisdiction in the location of the mortgaged property may petition the court for a determination that the mortgaged property is abandoned by filing a motion to intervene in the foreclosure action in the manner prescribed by the Indiana Rules of Trial Procedure. The motion to intervene must:
(1) include a statement of the enforcement authority's jurisdiction in the location of the mortgaged property;
(2) allege that the mortgaged property is abandoned; and
(3) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.
As added by P.L.102-2012, SEC.4.
