Indiana Code 32-30-10.5-8.5. Debtor’s request for settlement conference; court to stay granting of dispositive motion and to treat request as appearance by debtor
(1) A mortgage foreclosure action with respect to which:
Terms Used In Indiana Code 32-30-10.5-8.5
- 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
- foreclosure prevention agreement: means a written agreement that:
Indiana Code 32-30-10.5-4
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) the debtor has contacted the court under section 8(c) of this chapter or under section 11(b) of this chapter to schedule a settlement conference under this chapter; and
(C) the court having jurisdiction over the action has not:
(i) issued a stay in the foreclosure proceedings pending the conclusion of the settlement conference under this chapter;
(ii) issued a default judgment against the debtor in the action; or
(iii) rendered a judgment of foreclosure in the action.
(2) A mortgage foreclosure action with respect to which:
(A) the creditor has filed the complaint in the proceeding after June 30, 2011; and
(B) the debtor has contacted the court under section 8(c) of this chapter to schedule a settlement conference under this chapter.
(b) In a mortgage foreclosure action to which this section applies, the court, notwithstanding Indiana Trial Rule 56, shall stay the granting of any dispositive motion until one (1) of the following occurs, subject to the court’s right under section 10(b) of this chapter to order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered:
(1) The court receives notice under section 10(e) of this chapter that after the conclusion of a settlement conference held under this chapter:
(A) the debtor and the creditor have agreed to enter into a foreclosure prevention agreement; and
(B) the creditor has elected under section 10(e) of this chapter to dismiss the foreclosure action for as long as the debtor complies with the terms of the foreclosure prevention agreement.
(2) The court receives notice under section 10(f) of this chapter that after the conclusion of a settlement conference held under this chapter, the creditor and the debtor are unable to agree on the terms of a foreclosure prevention agreement.
(c) If the debtor requests a settlement conference under this chapter, the court shall treat the request as the entry of an appearance under Indiana Trial Rule 3.1(B).
As added by P.L.170-2011, SEC.9.