Indiana Code 35-43-4-9. Foreclosure mischief
(b) The following definitions apply throughout this section:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
| Class B misdemeanor | up to 180 days | up to $1,000 |
Terms Used In Indiana Code 35-43-4-9
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(A) Fixtures (as defined in IC 26-1-2.1-309) of the real property.
(B) A component or subsystem of the heating, ventilation, or air conditioning system of the real property.
(C) Wiring of the real property.
(D) Pipes, fittings, or another part of the plumbing system of the real property.
(E) The structure, including the roof and foundation, of the real property.
(F) The windows of the real property.
(G) The floors, ceilings, walls, or doors of the real property.
(H) The landscaping of the real property.
(I) An unattached structure, carport, patio, fence, or swimming pool located on the real property.
(2) “Real property in foreclosure” means real property with respect to which a foreclosure action has been filed or joined by a person having a security interest in the property that is used to secure:
(A) a mortgage;
(B) a land contract; or
(C) another agreement similar to a mortgage or a land contract.
The term does not include property that is the subject of a foreclosure action brought by a person having any other type of security interest in the property, including a mechanic’s lien, a tax lien, or a lien placed by a homeowners association, unless the property is also the subject of a foreclosure action described in clauses (A) through (C).
(c) A person who knowingly or intentionally damages, permanently removes an object from, or defaces real property in foreclosure commits foreclosure mischief, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000); and
(2) a Level 6 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).
(d) It is a defense to a prosecution under this section that the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.
As added by P.L.32-2016, SEC.2.