January 10, 2008, read first time and referred to Committee on Government and Regulatory
Second Regular Session 115th General Assembly (2008)
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between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1166
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 32-29-7-3; (08)IN1166.1.1. -->
SECTION 1. IC 32-29-7-3, AS AMENDED BY P.L.240-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(1) the period is:
(A) twelve (12) months in a proceeding for the foreclosure of
a mortgage executed before January 1, 1958; and
(B) six (6) months in a proceeding for the foreclosure of a
mortgage executed after December 31, 1957, but before July
1, 1975; and
(2) if the court finds that the mortgaged real estate is residential
real estate and has been abandoned, a judgment or decree of sale
may be executed on the date the judgment of foreclosure or
decree of sale is entered, regardless of the date the mortgage is
(b) A judgment and decree in a proceeding to foreclose a mortgage
that is entered by a court having jurisdiction may be filed with the clerk
in any county as provided in IC 33-32-3-2. After the period set forth in
subsection (a) expires, a person who may enforce the judgment and
decree may file a praecipe with the clerk in any county where the
judgment and decree is filed, and the clerk shall promptly issue and
certify to the sheriff of that county a copy of the judgment and decree
under the seal of the court.
(c) Upon receiving a certified judgment under subsection (b), the
sheriff shall, subject to section 4 of this chapter, sell the mortgaged
premises or as much of the mortgaged premises as necessary to satisfy
the judgment, interest, and costs at public auction at the office of the
sheriff or at another location that is reasonably likely to attract higher
competitive bids. The sheriff shall schedule the date and time of the
sheriff's sale for a time certain between the hours of 10 a.m. and 4 p.m.
on any day of the week except Sunday.
(d) Before selling mortgaged property, the sheriff must advertise the
sale by publication once each week for three (3) successive weeks in
a daily or weekly newspaper of general circulation. The sheriff shall
publish the advertisement in at least one (1) newspaper published and
circulated in each county where the real estate is situated. The first
publication shall be made at least thirty (30) days before the date of
sale. At the time of placing the first advertisement by publication, the
sheriff shall also serve a copy of the written or printed notice of sale
upon each owner of the real estate. Service of the written notice shall
be made as provided in the Indiana Rules of Trial Procedure governing
service of process upon a person. The sheriff shall charge a fee of ten
dollars ($10) to one (1) owner and three dollars ($3) to each additional
owner for service of written notice under this subsection. The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected;
(3) to be deposited in the county general fund for appropriation
for operating expenses of the sheriff's department.
(e) The sheriff also shall post written or printed notices of the sale
in at least three (3) public places in each township in which the real
estate is situated and
at the door of the courthouse of each county in
which the real estate is located.
(f) If the sheriff is unable to procure the publication of a notice
within the county, the sheriff may dispense with publication. The
sheriff shall state that the sheriff was not able to procure the
publication and explain the reason why publication was not possible.
(g) Notices under subsections (d) and (e) must contain a statement,
for informational purposes only, of the location of each property by
street address, if any, or other common description of the property other
than legal description. A misstatement in the informational statement
under this subsection does not invalidate an otherwise valid sale.
(h) The sheriff may charge an administrative fee of not more than
two hundred dollars ($200) with respect to a proceeding referred to in
subsection (b) for actual costs directly attributable to the administration
of the sale under subsection (c). The fee is:
(1) payable by the person seeking to enforce the judgment and
(2) due at the time of filing of the praecipe;
under subsection (b).