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IN HB1588

Bill

Status

Introduced

1/20/2015

Primary Sponsor

Philip GiaQuinta

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends IC 32-29-7-3 to allow enforcement authorities that issued abatement orders to file for sheriff's sales of foreclosed properties under specified conditions.

  • Enforcement authorities may file a praecipe for sale if an initial praecipe was filed and canceled and no sale occurs within 180 days after the later of: the judgment and decree filing or expiration of three months from complaint filing.

  • Sales cannot proceed if otherwise prohibited by law, subject to voluntary statewide foreclosure moratoriums, or covered by written agreements between property owners and enforcement parties that delay the sale.

  • Sheriff must schedule the sale within 120 days of receiving the certified judgment and must advertise weekly for three consecutive weeks with first publication at least 30 days before sale date.

  • Effective July 1, 2015.

Legislative Description

Mortgage foreclosures. Amends the statute governing the foreclosure of mortgaged real estate to permit an enforcement authority that has issued an abatement order with respect to foreclosed property to file a praecipe for a sheriff's sale of the property if a person files a praecipe for sale, cancels the sale, and a sale does not take place within 180 days after the later of: (1) the filing of the judgment and decree; or (2) the elapse of three months after the date the complaint was filed.

Last Action

First Reading: referred to Committee on Judiciary

1/20/2015

Committee Referrals

Judiciary1/20/2015

Full Bill Text

No bill text available