Sec. 57. (a) The court costs and the attorney‘s fees allowed in foreclosure actions shall be paid directly to the clerk of the court to satisfy that part of a judgment. The remainder of the judgment shall be paid directly to the disbursing officer for the benefit of the special improvement fund of the department that is entitled to the foreclosure proceeds.

     (b) The disbursing officer shall do the following:

Terms Used In Indiana Code 36-9-36-57

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Docket: A log containing brief entries of court proceedings.
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1) Enter the payment under subsection (a) on the records and duplicates.

(2) Satisfy the judgment docket as to the payment of the judgment.

     (c) The court decree of foreclosure must assign the duties described in subsection (b) to the disbursing officer.

As added by P.L.98-1993, SEC.7.