Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 32-30-10.5
     Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages

IC 32-30-10.5-1
Legislative findings; purpose
     Sec. 1. (a) The general assembly makes the following findings:
        (1) Indiana faces a serious threat to its state economy and to the economies of its political subdivisions because of Indiana's high rate of residential mortgage foreclosures, which constitutes an emergency.
        (2) Indiana's high rate of residential mortgage foreclosures has adversely affected property values in Indiana, and may have an even greater adverse effect on property values if the foreclosure rate continues to rise.
        (3) It is in the public interest for the state to modify the foreclosure process to encourage mortgage modification alternatives.
    (b) The purpose of this chapter is to avoid unnecessary foreclosures of residential properties and thereby provide stability to Indiana's statewide and local economies by:
        (1) requiring early contact and communications among creditors, their authorized agents, and debtors in order to engage in negotiations that could avoid foreclosure; and
        (2) facilitating the modification of residential mortgages in appropriate circumstances.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-1.2
"Authority"
     Sec. 1.2. As used in this chapter, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3.
As added by P.L.170-2011, SEC.5.

IC 32-30-10.5-2
"Creditor"
     Sec. 2. (a) As used in this chapter, "creditor" means a person:
        (1) that regularly engages in the extension of mortgages that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not including a down payment); and
        (2) to which the obligation is initially payable, either on the face of the note or contract, or by agreement if there is not a note or contract.
    (b) The term includes a mortgage servicer.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-3
"Debtor"

     Sec. 3. As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-4
"Foreclosure prevention agreement"
     Sec. 4. As used in this chapter, "foreclosure prevention agreement" means a written agreement that:
        (1) is executed by both the creditor and the debtor; and
        (2) offers the debtor an individualized plan that may include:
            (A) a temporary forbearance with respect to the mortgage;
            (B) a reduction of any arrearage owed by the debtor;
            (C) a reduction of the interest rate that applies to the mortgage;
            (D) a repayment plan;
            (E) a deed in lieu of foreclosure;
            (F) reinstatement of the mortgage upon the debtor's payment of any arrearage;
            (G) a sale of the property; or
            (H) any loss mitigation arrangement or debtor relief plan established by federal law, rule, regulation, or guideline.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-4.7
"Loss mitigation package"
     Sec. 4.7. As used in this chapter, "loss mitigation package" means a set of documents, the components of which:
        (1) are specified by the authority under section 10(i) of this chapter;
        (2) provide information about a debtor's present and projected future income, expenses, assets, and liabilities; and
        (3) are necessary for a creditor to make underwriting decisions or other determinations in connection with a potential foreclosure prevention agreement with the debtor to whom the documents apply.
As added by P.L.170-2011, SEC.6.

IC 32-30-10.5-5 Version a
"Mortgage"
     Note: This version of section amended by P.L.89-2011, SEC.76. See also following version of this section amended by P.L.170-2011, SEC.7.
    Sec. 5. (a) As used in this chapter, "mortgage" means:
        (1) a loan; or
        (2) a consumer credit sale;
that is or will be used by the debtor primarily for personal, family, or household purposes and that is secured by a mortgage (or another equivalent consensual security interest) that constitutes a first lien on a dwelling or on residential real estate upon which a dwelling is constructed or intended to be constructed.

    (b) The term does not include a land contract (as defined in IC 24-4.4-1-301(36)).
As added by P.L.105-2009, SEC.20. Amended by P.L.89-2011, SEC.76.

IC 32-30-10.5-5 Version b
"Mortgage"
     Note: This version of section amended by P.L.170-2011, SEC.7. See also preceding version of this section amended by P.L.89-2011, SEC.76.
    Sec. 5. As used in this chapter, "mortgage" means a loan that is or will be used by the debtor primarily for personal, family, or household purposes and that is secured by a mortgage that constitutes a first lien on a dwelling or on residential real estate upon which a dwelling is constructed or intended to be constructed. The term does not include a land contract or similar agreement in which the debtor does not possess a deed.
As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.7.

IC 32-30-10.5-6
"Mortgage foreclosure counselor"
     Sec. 6. As used in this chapter, "mortgage foreclosure counselor" means a foreclosure prevention counselor who is part of, or has been trained or certified by, the Indiana Foreclosure Prevention Network.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-7
"Mortgage servicer"
     Sec. 7. As used in this chapter, "mortgage servicer" means the last person to whom:
        (1) a debtor in a mortgage; or
        (2) the debtor's successor in interest;
has been instructed to send payments on the mortgage.
As added by P.L.105-2009, SEC.20.

IC 32-30-10.5-8 Version a
Presuit notice; contents; notices by creditor and court of debtor's right to settlement conference; debtor's contact information; exceptions to notice requirements; authority to prescribe language
     Note: This version of section amended by P.L.170-2011, SEC.8. See also following version of this section amended by P.L.116-2011, SEC.4.
    Sec. 8. (a) This section applies to a foreclosure action that is filed after June 30, 2009. Except as provided in subsection (e) and section 10(g) of this chapter, not later than thirty (30) days before a creditor files an action for foreclosure, the creditor shall send to the debtor by certified mail a presuit notice on a form prescribed by the authority. The notice required by this subsection must do the following:
        (1) Inform the debtor that:

            (A) the debtor is in default;
            (B) the debtor is encouraged to obtain assistance from a mortgage foreclosure counselor; and
            (C) if the creditor proceeds to file a foreclosure action and obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted:
                (i) Appeal a finding of abandonment by a court under IC 32-29-7-3(a)(2).
                (ii) Redeem the real estate from the judgment under IC 32-29-7-7.
                (iii) Retain possession of the property under IC 32-29-7-11(b), subject to the conditions set forth in IC 32-29-7-11(b).
        (2) Provide the contact information for the Indiana Foreclosure Prevention Network.
        (3) Include the following statement printed in at least 14 point boldface type:
                "NOTICE REQUIRED BY STATE LAW
                Mortgage foreclosure is a complex process. People may approach you about "saving" your home. You should be careful about any such promises. There are government agencies and nonprofit organizations you may contact for helpful information about the foreclosure process. For the name and telephone number of an organization near you, please call the Indiana Foreclosure Prevention Network.".
    (b) The notice required by subsection (a) shall be sent to:
        (1) the address of the mortgaged property; or
        (2) the last known mailing address of the debtor if the creditor's records indicate that the mailing address of the debtor is other than the address of the mortgaged property.
If the creditor provides evidence that the notice required by subsection (a) was sent by certified mail, return receipt requested, and in accordance with this subsection, it is not necessary that the debtor accept receipt of the notice for an action to proceed as allowed under this chapter.
    (c) Except as provided in subsection (e) and section 10(g) of this chapter, if a creditor files an action to foreclose a mortgage, the creditor shall:
        (1) in the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011, include with the complaint served on the debtor, on a form prescribed by the authority; and
        (2) subject to subsection (f), in the case of a foreclosure action filed after June 30, 2011, include on the first page of the summons that is served on the debtor in conjunction with the complaint;
a notice that informs the debtor of the debtor's right to participate in a settlement conference, subject to section 9(b) of this chapter. The notice under subdivision (1) or (2) must inform the debtor that the debtor may schedule a settlement conference by notifying the court, not later than thirty (30) days after the complaint is served on the

debtor, of the debtor's intent to participate in a settlement conference.
    (d) If a creditor files an action to foreclose a mortgage, the creditor shall include with the complaint filed with the court:
        (1) except as provided in subsection (e) and section 10(g) of this chapter, a copy of the notices sent to the debtor under subsections (a) and (c), if the foreclosure action is filed after June 30, 2009, but before July 1, 2011; or
        (2) the following, if the foreclosure action is filed after June 30, 2011:
            (A) Except as provided in subsection (e) and section 10(g) of this chapter, a copy of the notice sent to the debtor under subsection (a).
            (B) The following most recent contact information for the debtor that the creditor has on file:
                (i) All telephone numbers and electronic mail addresses for the debtor.
                (ii) Any mailing address described in subsection (b)(2).
            The contact information provided under this clause is confidential under IC 5-14-3-4(a)(13).
Subject to section 9(b) of this chapter, in the case of a foreclosure action filed after June 30, 2011, upon the filing of the complaint by the creditor, the court shall send to the debtor, by United States mail and to the address of the mortgaged property, or to an address for the debtor provided by the creditor under subdivision (2)(B)(ii), if applicable, a notice that informs the debtor of the debtor's right to participate in a settlement conference. The court's notice must inform the debtor that the debtor may schedule a settlement conference by notifying the court of the debtor's intent to participate in a settlement conference. The court's notice must specify a date by which the debtor must request a settlement conference, which date must be the date that is thirty (30) days after the date of the creditor's service of the complaint on the debtor under subsection (c), as determined by the court from the service list included with the complaint filed with the court. The court may not delegate the duty to send the notice the court is required to provide under this subsection to the creditor or to any other person.
    (e) A creditor is not required to send the notices described in this section if:
        (1) the mortgage is secured by a dwelling that is not the debtor's primary residence;
        (2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or
        (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage.
    (f) Not later than June 1, 2011, the authority, in consultation with the division of state court administration, shall prescribe language for the notice required under subsection (c)(2) to be included on the first

page of the summons that is served on the debtor in a foreclosure action filed after June 30, 2011. The language must convey the same information as the form prescribed by the authority under subsection (c)(1) for foreclosure actions filed after June 30, 2009, but before July 1, 2011. The authority shall make the language prescribed under this subsection available on the authority's Internet web site. A creditor complies with subsection (c)(2) in a foreclosure action filed after June 30, 2011, if the creditor includes on the first page of the summons served on the debtor:
        (1) the language that is prescribed by the authority under this subsection and made available on the authority's Internet web site; or
        (2) language that conveys the same information as the language that is prescribed by the authority under this subsection and made available on the authority's Internet web site.
As added by P.L.105-2009, SEC.20. Amended by P.L.68-2010, SEC.3; P.L.170-2011, SEC.8.

IC 32-30-10.5-8 Version b
Presuit notice before filing of foreclosure action; contents; notice upon filing of action; debtor's right to settlement conference; exceptions to notice requirements
     Note: This version of section amended by P.L.116-2011, SEC.4. See also preceding version of this section amended by P.L.170-2011, SEC.8.
    Sec. 8. (a) This section applies to a foreclosure action that is filed after June 30, 2009. Except as provided in subsection (e) and section 10(g) of this chapter, not later than thirty (30) days before a creditor files an action for foreclosure, the creditor shall send to the debtor by certified mail a presuit notice on a form prescribed by the Indiana housing and community development authority created by IC 5-20-1-3. The notice required by this subsection must do the following:
        (1) Inform the debtor that:
            (A) the debtor is in default;
            (B) the debtor is encouraged to obtain assistance from a mortgage foreclosure counselor; and
            (C) if the creditor proceeds to file a foreclosure action and obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted:
                (i) Appeal a finding of abandonment by a court under IC 32-29-7-3(a)(2).
                (ii) Redeem the real estate from the judgment under IC 32-29-7-7.
                (iii) Retain possession of the property under IC 32-29-7-11(b), subject to the conditions set forth in IC 32-29-7-11(b).
        (2) Provide the contact information for the Indiana Foreclosure Prevention Network.
        (3) Include the following statement printed in at least 14 point

boldface type:
                "NOTICE REQUIRED BY STATE LAW
                Mortgage foreclosure is a complex process. People may approach you about "saving" your home. You should be careful about any such promises. There are government agencies and nonprofit organizations you may contact for helpful information about the foreclosure process. For the name and telephone number of an organization near you, please call the Indiana Foreclosure Prevention Network.".
    (b) The notice required by subsection (a) shall be sent to:
        (1) the address of the mortgaged property; or
        (2) the last known mailing address of the debtor if the creditor's records indicate that the mailing address of the debtor is other than the address of the mortgaged property.
If the creditor provides evidence that the notice required by subsection (a) was sent by certified mail, return receipt requested, and as prescribed by this subsection, it is not necessary that the debtor accept receipt of the notice for an action to proceed as allowed under this chapter.
    (c) Except as provided in subsection (e) and section 10(g) of this chapter, if a creditor files an action to foreclose a mortgage, the creditor shall include with the complaint served on the debtor a notice that informs the debtor of the debtor's right to participate in a settlement conference. The notice must be in a form prescribed by the Indiana housing and community development authority created by IC 5-20-1-3. The notice must inform the debtor that the debtor may schedule a settlement conference by notifying the court, not later than thirty (30) days after the notice is served, of the debtor's intent to participate in a settlement conference.
    (d) In a foreclosure action filed under IC 32-30-10-3 after June 30, 2009, the creditor shall do the following:
        (1) Attach to the complaint filed with the court a copy of the notices sent to the debtor under subsections (a) and (c).
        (2) At the time the complaint is filed with the court, send:
            (A) by certified mail, return receipt requested; and
            (B) to the last known mailing address of the insurance company;
        a copy of the complaint filed with the court to the insurance company of record for the property that is the subject of the foreclosure action.
It is not necessary that the insurance company accept receipt of the copy of the complaint for the creditor to satisfy the requirement of subdivision (2). A creditor's failure to provide a copy of the complaint as required by subdivision (2) does not affect the foreclosure action or subject the creditor to any liability.
    (e) A creditor is not required to send the notices described in this section if:
        (1) the mortgage is secured by a dwelling that is not the debtor's primary residence;
        (2) the mortgage has been the subject of a prior foreclosure

prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or
        (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage.
As added by P.L.105-2009, SEC.20. Amended by P.L.68-2010, SEC.3; P.L.116-2011, SEC.4.

IC 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
     Sec. 8.5. (a) This section applies to the following:
        (1) A mortgage foreclosure action with respect to which:
            (A) the creditor has filed the complaint in the proceeding before July 1, 2011;
            (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.

IC 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
     Sec. 8.6. (a) This section applies to a mortgage foreclosure action that is filed after June 30, 2011.
    (b) During the pendency of an action to which this section applies, regardless of any stay that is issued by the court under section 8.5 of this chapter, if the debtor continues to occupy the dwelling that is the subject of the mortgage upon which the action is based, the court may issue a provisional order that requires the debtor to continue to make monthly payments with respect to the mortgage on which the action is based. The amount of the monthly payment:
        (1) shall be determined by the court, which may base its determination on the debtor's ability to pay; and
        (2) may not exceed the debtor's monthly obligation under the mortgage at the time the action is filed.
    (c) Payments made by a debtor under an order issued by the court under subsection (b) shall be made to:
        (1) the clerk of the court, who shall hold the payments in trust for the parties; or
        (2) an attorney trust account;
as directed by the court. The funds held by the clerk or in an attorney trust account under this subsection may not be disbursed unless the court issues an order for their disbursement.
    (d) If the debtor and the creditor agree to enter into a foreclosure prevention agreement under section 10(e) of this chapter at any time after the debtor has made payments under an order issued by the court under subsection (b), the debtor is entitled to a credit of any amounts paid under the order.
    (e) In an action to which this section applies, if:
        (1) a judgment of foreclosure is issued by the court after the conditions set forth in section 9 of this chapter are met;
        (2) the debtor and the creditor agree to a deed in lieu of foreclosure; or
        (3) the debtor otherwise forfeits the dwelling that is the subject of the mortgage upon which the action is based;
the debtor is not entitled to a refund of any payments made under an order issued by the court under subsection (b), and any amounts held in trust by the clerk of the court or in an attorney trust fund shall be disbursed to the creditor and credited against the amount of the judgment entered against the debtor or the amount otherwise owed by the debtor.
As added by P.L.170-2011, SEC.10.

IC 32-30-10.5-9
Conditions for court's issuance of judgment of foreclosure; exceptions
     Sec. 9. (a) Except as provided in subsection (b) and subject to section 8.5 of this chapter, after June 30, 2009, a court may not issue a judgment of foreclosure under IC 32-30-10 on a mortgage subject to this chapter unless all of the following apply:
        (1) The creditor has given the notice required under section 8(c) of this chapter.
        (2) One (1) of the following applies:
            (A) The debtor does not contact the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter.
            (B) The debtor contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter and, upon conclusion of the settlement conference, the parties are unable to reach agreement on the terms of a foreclosure prevention agreement.
            (C) In a foreclosure action filed after June 30, 2011, the debtor:
                (i) contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter; and
                (ii) does not provide to the creditor and the court at least one (1) of the documents required as part of the debtor's loss mitigation package, as specified by the authority in the listing developed under section 10(i) of this chapter and included with the court's notice under section 10(a)(8) of this chapter, within the time specified in the court's notice under section 10(a)(3)(A) of this chapter.
        (3) Except as provided in sections 8(e) and 10(g) of this chapter, at least sixty (60) days have elapsed since the date the notice required by section 8(a) of this chapter was sent, unless the mortgaged property is abandoned.
    (b) If the court finds that a settlement conference would be of limited value based on the result of a prior loss mitigation effort between the creditor and the debtor:
        (1) a settlement conference is not required under this chapter; and
        (2) the conditions set forth in subsection (a) do not apply, and the foreclosure action may proceed as otherwise allowed by law.
As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.11.

IC 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

     Sec. 10. (a) Unless a settlement conference is not required under this chapter, the court shall issue a notice of a settlement conference if the debtor contacts the court to schedule a settlement conference as described in section 8(c) of this chapter. The court's notice of a settlement conference must do the following:
        (1) Order the creditor and the debtor to conduct a settlement conference on or before a date and time specified in the notice, which date:
            (A) must not be earlier than twenty-five (25) days after the date of the notice under this section or later than sixty (60) days after the date of the notice under this section, in the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011; and
            (B) must not be earlier than forty (40) days after the date of the notice under this section or later than sixty (60) days after the date of the notice under this section, in the case of a foreclosure action filed after June 30, 2011;
        for the purpose of attempting to negotiate a foreclosure prevention agreement.
        (2) Encourage the debtor to contact a mortgage foreclosure counselor before the date of the settlement conference. The notice must provide the contact information for the Indiana Foreclosure Prevention Network.
        (3) Require the debtor to do the following:
            (A) In the case of a foreclosure action filed after June 30, 2011, provide, not later than a date specified in the order, which date must be the date that is thirty (30) days before the date of the settlement conference specified by the court under subdivision (1), a copy of the debtor's loss mitigation package to the following:
                (i) The creditor's attorney, as identified by the creditor in the complaint, at the address specified in the complaint.
                (ii) The court, at an address specified by the court.
            In setting forth the requirement described in this clause, the court shall reference the listing that must be included as an attachment to the notice under subdivision (8), and shall direct the debtor to consult the attachment in compiling the debtor's loss mitigation package.
            (B) Bring the following to the settlement conference:
                (i) In the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011, documents needed to engage in good faith negotiations with the creditor, including documentation of the debtor's present and projected future income, expenses, assets, and liabilities (including documentation of the debtor's employment history), and any other documentation or information that the court determines is needed for the debtor to engage in good faith negotiations with the creditor. The court shall identify any documents required under this item with enough specificity to allow the debtor to obtain the

documents before the scheduled settlement conference.
                (ii) In the case of a foreclosure action filed after June 30, 2011, the debtor's loss mitigation package.
        Any document submitted to the court under this subdivision as part of the debtor's loss mitigation package is confidential under IC 5-14-3-4(a)(13).
        (4) Require the creditor to do the following:
            (A) In the case of a foreclosure action filed after June 30, 2011, send to the debtor, by certified mail and not later than a date specified in the order, which date must be the date that is thirty (30) days before the date of the settlement conference specified by the court under subdivision (1), the following transaction history for the mortgage:
                (i) A payment record substantiating the default, such as
                a payment history.
                (ii) An itemization of all amounts claimed by the creditor as being owed on the mortgage, such as an account payoff statement.
            If the creditor provides evidence that the transaction history required by this clause was sent by certified mail, return receipt requested, it is not necessary that the debtor accept receipt of the transaction history for an action to proceed as allowed under this chapter.
            (B) Bring the following to the settlement conference:
                (i) A copy of the original note and mortgage.
                (ii) A payment record substantiating the default, such as a payment history.
                (iii) An itemization of all amounts claimed by the creditor as being owed on the mortgage, such as an account payoff statement.
                (iv) Any other documentation that the court determines is needed.
        (5) Inform the parties that:
            (A) each party has the right to be represented by an attorney or assisted by a mortgage foreclosure counselor at the settlement conference; and
            (B) subject to subsection (b), an attorney or a mortgage foreclosure counselor may participate in the settlement conference in person or by telephone.
        (6) Inform the parties that the settlement conference will be conducted at the county courthouse, or at another place designated by the court, on the date and time specified in the notice under subdivision (1) unless the parties submit to the court a stipulation to:
            (A) modify the date, time, and place of the settlement conference; or
            (B) hold the settlement conference by telephone at a date and time agreed to by the parties.
        (7) In the case of a foreclosure action filed after June 30, 2011, inform the parties of the following:

            (A) That if the parties stipulate under subdivision (6) to modify the date of the settlement conference:
                (i) the debtor must provide the debtor's loss mitigation package to the creditor and to the court, as described in subdivision (3), at least thirty (30) days before the settlement conference date, as modified by the parties; and
                (ii) the creditor must send to the debtor, by certified mail, the transaction history described in subdivision (4)(A) at least thirty (30) days before the settlement conference date, as modified by the parties.
            (B) That if the parties stipulate under subdivision (6)(B) to conduct the settlement conference by telephone, the parties shall ensure the availability of any technology needed to allow simultaneous participation in the settlement conference by all participants.
        (8) In the case of a foreclosure action filed after June 30, 2011, include as an attachment the loss mitigation package listing prescribed by the authority under subsection (i).
    (b) An attorney for the creditor shall attend the settlement conference, and an authorized representative of the creditor shall be available by telephone during the settlement conference. In addition, the court may require any person that is a party to the foreclosure action to appear at or participate in a settlement conference held under this chapter, and, for cause shown, the court may order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered. Any:
        (1) costs to a creditor associated with a settlement conference under this chapter; or
        (2) civil penalty imposed on a creditor by the court in connection with a violation of a court order issued in the case;
may not be charged to or collected from the debtor, either directly or indirectly.
    (c) At the court's discretion, a settlement conference may or may not be attended by a judicial officer.
    (d) The creditor shall ensure that any person representing the creditor:
        (1) at a settlement conference scheduled under this section; or
        (2) in any negotiations with the debtor designed to reach agreement on the terms of a foreclosure prevention agreement;
has authority to represent the creditor in negotiating a foreclosure prevention agreement with the debtor.
    (e) If, as a result of a settlement conference held under this chapter, the debtor and the creditor agree to enter into a foreclosure prevention agreement, the agreement shall be reduced to writing and signed by both parties, and each party shall retain a copy of the signed agreement. Not later than seven (7) business days after the signing of the foreclosure prevention agreement, the creditor shall file with the court a copy of the signed agreement. At the election of the creditor, the foreclosure shall be dismissed or stayed for as long as the debtor complies with the terms of the foreclosure prevention

agreement.
    (f) If, as a result of a settlement conference held under this chapter, the debtor and the creditor are unable to agree on the terms of a foreclosure prevention agreement:
        (1) the creditor shall, not later than seven (7) business days after the conclusion of the settlement conference, file with the court a notice indicating that the settlement conference held under this chapter has concluded and a foreclosure prevention agreement was not reached; and
        (2) the foreclosure action filed by the creditor may proceed as otherwise allowed by law, subject to the court's right under subsection (b) to order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered.
    (g) If:
        (1) a foreclosure is dismissed by the creditor under subsection (e) after a foreclosure prevention agreement is reached; and
        (2) a default in the terms of the foreclosure prevention agreement later occurs;
the creditor or its assigns may bring a foreclosure action with respect to the mortgage that is the subject of the foreclosure prevention agreement without sending the notices described in section 8 of this chapter.
    (h) Participation in a settlement conference under this chapter satisfies any mediation or alternative dispute resolution requirement established by court rule.
    (i) Not later than June 1, 2011, the authority shall prescribe a list of documents that must be included as part of a debtor's loss mitigation package in a foreclosure action filed after June 30, 2011. In prescribing the list of documents required by this subsection, the authority:
        (1) shall require those documents that:
            (A) provide information about a debtor's present and projected future income, expenses, assets, and liabilities; and
            (B) are necessary for a creditor to make underwriting decisions or other determinations in connection with a potential foreclosure prevention agreement with the debtor to whom the documents apply; and
        (2) may amend the list:
            (A) in response to changes in any federal loan modification programs; or
            (B) as otherwise determined to be necessary by the authority.
The authority shall make the list prescribed under this subsection available on the authority's Internet web site. The division of state court administration shall make the list prescribed under this subsection available on the Internet web site maintained by the state's judicial branch. If the authority determines that an amendment to the list is necessary under subdivision (2), the authority shall notify the division of state court administration of the amendment as soon as practicable before the amendment takes effect and shall update the list on the authority's Internet web site not later than the effective

date of the amendment. Upon receiving notice of an amendment to the list from the authority, the division of state court administration shall update the list on the Internet web site maintained by the state's judicial branch not later than the effective date of the amendment.
As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.12.

IC 32-30-10.5-11
Foreclosure actions filed before July 1, 2009; court's duty to provide notice of availability of settlement conference
     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.
    (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:
        (1) has the right to participate in a settlement conference, subject to section 9(b) of this chapter; and
        (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.