Indiana Code 32-30-10-10. Mutually exclusive actions
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Sec. 10. A plaintiff may not:
(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;
(1) proceed to foreclose the mortgagee‘s mortgage:
Terms Used In Indiana Code 32-30-10-10
- 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
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(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.