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2019 Indiana Code
Title 32. Property
Article 30. Causes of Action Concerning Real Property
Chapter 10. Mortgage Foreclosure Actions
32-30-10-10. Mutually exclusive actions
Universal Citation: IN Code § 32-30-10-10 (2019)
IC 32-30-10-10 Mutually exclusive actions
Sec. 10. A plaintiff may not:
(1) proceed to foreclose the mortgagee's mortgage:
(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;
(B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or
(C) until the notice under IC 32-30-10.5-8(a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5; or
(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.
[Pre-2002 Recodification Citation: 32-15-6-7.]
As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.
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