Indiana Code 32-30-10.5-11. Foreclosure actions filed before July 1, 2009; court’s duty to provide notice of availability of settlement conference
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Sec. 11. (a) This section applies to a mortgage foreclosure action with respect to which the creditor has filed the complaint in the proceeding before July 1, 2009, and the court having jurisdiction over the proceeding has not rendered a judgment of foreclosure before July 1, 2009.
(1) has the right to participate in a settlement conference, subject to section 9(b) of this chapter; and
(b) In a mortgage foreclosure action to which this section applies, the court having jurisdiction of the action shall serve notice of the availability of a settlement conference under this chapter. The notice required by this section must inform the debtor that the debtor:
Terms Used In Indiana Code 32-30-10.5-11
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- creditor: means a person:
Indiana Code 32-30-10.5-2
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgage: means :
Indiana Code 32-30-10.5-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) may schedule a settlement conference by notifying the court, not later than thirty (30) days after the notice required by this section is served, of the debtor’s intent to participate in a settlement conference.
As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.13.