§ 32-30-10.5-1 Legislative findings; purpose
§ 32-30-10.5-1.2 “Authority”
§ 32-30-10.5-2 “Creditor”
§ 32-30-10.5-3 “Debtor”
§ 32-30-10.5-4 “Foreclosure prevention agreement”
§ 32-30-10.5-4.7 “Loss mitigation package”
§ 32-30-10.5-5 “Mortgage”
§ 32-30-10.5-6 “Mortgage foreclosure counselor”
§ 32-30-10.5-7 “Mortgage servicer”
§ 32-30-10.5-8 Presuit notice; contents; notices by creditor and court of debtor’s right to settlement conference; debtor’s contact information; notice to insurance company; exceptions; form of notice
§ 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
§ 32-30-10.5-8.6 Pending actions; court’s authority to order continuing payments on mortgage; payments to be held by clerk or in trust account; credits or disbursements of amounts paid
§ 32-30-10.5-9 Conditions for court’s issuance of judgment of foreclosure; exceptions
§ 32-30-10.5-10 Debtor’s request for settlement conference; court’s notice; parties’ exchange of information; conference participants; creditor’s representative; conference results; loss mitigation package
§ 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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Terms Used In Indiana Code > Title 32 > Article 30 > Chapter 10.5 - Foreclosure Prevention Agreements for Residential Mortgages

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • authority: refers to the Indiana housing and community development authority created by IC 5-20-1-3. See Indiana Code 32-30-10.5-1.2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • creditor: means a person:

    Indiana Code 32-30-10.5-2

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Forbearance: A means of handling a delinquent loan. A
  • 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

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • loss mitigation package: means a set of documents, the components of which:

    Indiana Code 32-30-10.5-4.7

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: means :

    Indiana Code 32-30-10.5-5

  • mortgage foreclosure counselor: means a foreclosure prevention counselor who is part of, or has been trained or certified by, the Indiana Foreclosure Prevention Network. See Indiana Code 32-30-10.5-6
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5