IC 32-29-7
    Chapter 7. Foreclosure . Redemption, Sale, Right to RetainPossession

IC 32-29-7-1
"Auctioneer"
    Sec. 1. As used in this chapter, "auctioneer" means an auctioneerlicensed under IC 25-6.1.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-2
"Economically feasible"
    Sec. 2. For the purposes of section 4(b) of this chapter, the sale ofproperty by the sheriff through the services of an auctioneer is"economically feasible" if the court determines that:
        (1) a reasonable probability exists that, with the use of theservices of an auctioneer, a valid and enforceable bid will bemade at a foreclosure for a sale price equal to or greater thanthe amount of the judgment and the costs and expensesnecessary to its satisfaction, including the costs of theauctioneer; and
        (2) the reasonable probability would not exist without the useof an auctioneer.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-3
Mortgage foreclosure; time for execution of judgment; right ofenforcement authority to file praecipe; sale by sheriff; advertising;sheriff's fee
    Sec. 3. (a) In a proceeding for the foreclosure of a mortgageexecuted on real estate, process may not issue for the execution of ajudgment or decree of sale for a period of three (3) months after thefiling of a complaint in the proceeding. However:
        (1) the period is:
            (A) twelve (12) months in a proceeding for the foreclosureof a mortgage executed before January 1, 1958; and
            (B) six (6) months in a proceeding for the foreclosure of amortgage executed after December 31, 1957, but before July1, 1975; and
        (2) if the court or an enforcement authority (as defined inIC 36-7-9-2) finds that the mortgaged real estate is residentialreal estate and has been abandoned, a judgment or decree ofsale may be executed on the date the judgment of foreclosure ordecree of sale is entered, regardless of the date the mortgage isexecuted.
    (b) A judgment and decree in a proceeding to foreclose amortgage that is entered by a court having jurisdiction may be filedwith the clerk in any county as provided in IC 33-32-3-2. After theperiod set forth in subsection (a) expires, a person who may enforcethe judgment and decree may file a praecipe with the clerk in any

county where the judgment and decree is filed, and the clerk shallpromptly issue and certify to the sheriff of that county a copy of thejudgment and decree under the seal of the court. However, if:
        (1) a praecipe is not filed with the clerk within one hundredeighty (180) days after the later of the dates on which:
            (A) the period specified in subsection (a) expires; or
            (B) the judgment and decree is filed; and
        (2) the sale is not:
            (A) otherwise prohibited by law;
            (B) subject to a voluntary statewide foreclosure moratorium;or
            (C) subject to a written agreement that:
                (i) provides for a delay in the sale of the mortgaged realestate; and
                (ii) is executed by and between the owner of themortgaged real estate and a party entitled to enforce thejudgment and decree;
an enforcement authority that has issued an abatement order underIC 36-7-36-9 with respect to the mortgaged real estate may file apraecipe with the clerk in any county where the judgment and decreeis filed. If an enforcement authority files a praecipe under thissubsection, the clerk of the county in which the praecipe is filed shallpromptly issue and certify to the sheriff of that county a copy of thejudgment and decree under the seal of the court.
    (c) Upon receiving a certified judgment under subsection (b), thesheriff shall, subject to section 4 of this chapter, sell the mortgagedpremises or as much of the mortgaged premises as necessary tosatisfy the judgment, interest, and costs at public auction at the officeof the sheriff or at another location that is reasonably likely to attracthigher competitive bids. The sheriff shall schedule the date and timeof the sheriff's sale for:
        (1) a date not later than one hundred twenty (120) days after thedate on which the judgment and decree under seal of the courtare certified to the sheriff by the clerk; and
        (2) a time certain between the hours of 10 a.m. and 4 p.m. onany day of the week except Sunday.
    (d) Before selling mortgaged property, the sheriff must advertisethe sale by publication once each week for three (3) successiveweeks in a daily or weekly newspaper of general circulation. Thesheriff shall publish the advertisement in at least one (1) newspaperpublished and circulated in each county where the real estate issituated. The first publication shall be made at least thirty (30) daysbefore the date of sale. At the time of placing the first advertisementby publication, the sheriff shall also serve a copy of the written orprinted notice of sale upon each owner of the real estate. Service ofthe written notice shall be made as provided in the Indiana Rules ofTrial Procedure governing service of process upon a person. Thesheriff shall charge a fee of ten dollars ($10) to one (1) owner andthree dollars ($3) to each additional owner for service of writtennotice under this subsection. The fee is:        (1) a cost of the proceeding;
        (2) to be collected as other costs of the proceeding arecollected; and
        (3) to be deposited in the county general fund for appropriationfor operating expenses of the sheriff's department.
    (e) The sheriff also shall post written or printed notices of the saleat the door of the courthouse of each county in which the real estateis located.
    (f) If the sheriff is unable to procure the publication of a noticewithin the county, the sheriff may dispense with publication. Thesheriff shall state that the sheriff was not able to procure thepublication and explain the reason why publication was not possible.
    (g) Notices under subsections (d) and (e) must contain astatement, for informational purposes only, of the location of eachproperty by street address, if any, or other common description of theproperty other than legal description. A misstatement in theinformational statement under this subsection does not invalidate anotherwise valid sale.
    (h) The sheriff may charge an administrative fee of not more thantwo hundred dollars ($200) with respect to a proceeding referred toin subsection (b) for actual costs directly attributable to theadministration of the sale under subsection (c). The fee is:
        (1) payable by the person seeking to enforce the judgment anddecree; and
        (2) due at the time of filing of the praecipe;
under subsection (b).
As added by P.L.2-2002, SEC.14. Amended by P.L.98-2004,SEC.118; P.L.238-2005, SEC.55 and P.L.240-2005, SEC.1;P.L.100-2008, SEC.1; P.L.68-2010, SEC.2.

IC 32-29-7-4
Sheriff's sale; manner of sale; engagement of auctioneer
    Sec. 4. (a) A sheriff shall offer to sell and sell property onforeclosure in a manner that is reasonably likely to bring the highestnet proceeds from the sale after deducting the expenses of the offerand sale.
    (b) Upon prior petition of the debtor or any creditor involved inthe foreclosure proceedings, the court in its order of foreclosure shallorder the property sold by the sheriff through the services of anauctioneer requested by the petitioner and approved by the court if:
        (1) the court determines that a sale is economically feasible; or
        (2) all the creditors in the proceedings agree to both that methodof sale and the compensation to be paid the auctioneer.
    (c) The sheriff shall engage the auctioneer not later than fourteen(14) calendar days after the date of the order entered by the courtunder subsection (b). The auctioneer shall schedule the auction andconduct the auctioneer's activities as appropriate to bring the highestbid for the property on foreclosure. The advertising conducted by theauctioneer is in addition to any other notice required by law.
    (d) The auctioneer's fee must be a reasonable amount stated in the

court's order. However, if the sale by use of an auctioneer has notbeen agreed to by the creditors in the proceedings and the sale priceis less than the amount of the judgment and the costs and expensesnecessary to the satisfaction of the judgment, the auctioneer isentitled only to the auctioneer's advertising expenses plus onehundred dollars ($100). The amount due the auctioneer on accountof the auctioneer's expenses and fee, if any, shall be paid as a cost ofthe sale from its proceeds before the payment of any other paymentfrom the sale.
As added by P.L.2-2002, SEC.14. Amended by P.L.167-2005, SEC.1.

IC 32-29-7-5
Waiver of time limitations
    Sec. 5. The owner of the real estate subject to the issuance ofprocess under a judgment or decree of foreclosure may, with theconsent of the judgment holder endorsed on the judgment or decreeof foreclosure, file with the clerk of the court a waiver of the timelimitations on issuance of process set out in section 3 of this chapter.If the owner files a waiver under this section, process shall issueimmediately. The consideration for waiver, whether or not expressedby its terms, shall be the waiver and release by the judgment holderof any deficiency judgment against the owner.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-6
Location of mortgaged real estate; jurisdiction; recordation
    Sec. 6. (a) If the mortgaged real estate is located in more than one(1) county:
        (1) the court of any county the mortgaged real estate is locatedin has jurisdiction of an action for the foreclosure of themortgage; and
        (2) all the real estate shall be sold in the county where theaction is brought, unless the court orders otherwise.
    (b) A judgment and decree granted by a court or a judge in anaction for the foreclosure of the mortgaged real estate shall berecorded in the lis pendens record kept in the office of the clerk ofeach county where the real estate is located, unless the judgment anddecree is filed with the clerk in the county as provided inIC 33-32-3-2.
As added by P.L.2-2002, SEC.14. Amended by P.L.98-2004,SEC.119.

IC 32-29-7-7
Redemption by owner before sheriff's sale
    Sec. 7. Before the sale under this chapter, any owner or partowner of the real estate may redeem the real estate from thejudgment by payment to the:
        (1) clerk before the issuance to the sheriff of the judgment anddecree; or
        (2) sheriff after the issuance to the sheriff of the judgment and

decree;
of the amount of the judgment, interest, and costs for the payment orsatisfaction of which the sale was ordered. If the owner or part ownerredeems the real estate under this section, process for the sale of thereal estate under judgment may not be issued or executed, and theofficer receiving the redemption payment shall satisfy the judgmentand vacate order of sale. However, if the real estate is redeemed bya part owner, the part owner shall have a lien on the shares of theother owners for their respective shares of the redemption money,with interest at the rate of eight percent (8%) per annum, plus thecosts of redemption. The lien shall be of the same force and effect asthe judgment lien redeemed by the part owner and shall beenforceable by appropriate legal proceedings.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-8
Sheriff's sale; manner of sale
    Sec. 8. In selling real estate under this chapter, the sheriff is notrequired to first offer the rents and profits of the real estate orseparate portions or parcels of the real estate. The sheriff may offerfor sale the whole body of the mortgaged real estate together withrents, issues, income, and profits of the real estate unless the court inits judgment and order of sale has otherwise ordered. If any part ofthe judgment, interest, or costs remains unsatisfied, the sheriff shallimmediately levy the residue on the other property of the defendant.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-8.5
Requirements for payment of property taxes and related costsbefore sheriff's sale
    Sec. 8.5. (a) Before the date of a sheriff's sale of property undersection 3(c) of this chapter, the party that filed the praecipe for thesheriff's sale shall pay the following:
        (1) If a certificate of sale issued under IC 6-1.1-24 isoutstanding:
            (A) the amount necessary for redemption of the propertyunder IC 6-1.1-25; and
            (B) all delinquent property taxes, special assessments,penalties, and interest that:
                (i) are not covered by the redemption referred to in clause(A); and
                (ii) are due and owing on the property on the date of thesheriff's sale.
        (2) If subdivision (1) does not apply, all delinquent propertytaxes, special assessments, penalties, and interest that are dueand owing on the property on the date of the sheriff's sale.
    (b) If the payments required under subsection (a) are not made infull by the date of the sale, the sheriff:
        (1) shall cancel the sheriff's sale; and
        (2) may conduct the sheriff's sale only:            (A) upon evidence that the payments required undersubsection (a) have been made in full; and
            (B) after a subsequent praecipe is filed, costs are paid, andthe sheriff's sale is advertised under this chapter.
As added by P.L.73-2010, SEC.8.

IC 32-29-7-9
Sheriff prohibited from purchasing real estate at sheriff's sale;default of purchaser
    Sec. 9. (a) A sheriff or an agent of the sheriff making aforeclosure sale under this chapter may not directly or indirectlypurchase property sold by the sheriff or the sheriff's agent. If thepurchaser of property sold on foreclosure fails to immediately paythe purchase money, the sheriff shall resell the property either on thesame day without advertisement or on a subsequent day after againadvertising in accordance with this chapter, as the judgment creditordirects. If the amount bid at the second sale does not equal theamount bid at the first sale, including the costs of the second sale, thefirst purchaser shall be liable for:
        (1) the deficiency;
        (2) damages not exceeding ten percent (10%); and
        (3) interest and costs;
all of which may be recovered in a court of proper jurisdiction by thesheriff.
    (b) If the property is sold, the sheriff shall pay the proceeds asprovided in IC 32-30-10-14. Every sale made under this chapter mustbe without relief from valuation or appraisement laws and withoutany right of redemption.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-10
Deed of conveyance; sheriff to deliver to purchaser and recordwith county; exception to recording requirement for HUDmortgages
    Sec. 10. (a) Immediately after a foreclosure sale under thischapter, the sheriff shall:
        (1) execute and deliver to the purchaser; and
        (2) except as provided in subsection (b), record with therecorder of the county in which the premises are located;
a deed of conveyance for the premises, which must be valid toconvey all the right, title, and interest held or claimed by all of theparties to the action and all persons claiming under them. The sheriffshall file a return with the clerk of the court.
    (b) The sheriff is not required to record the deed of conveyancefor the premises under subsection (a)(2) if the mortgage involved inthe foreclosure action resulting in the foreclosure sale under thischapter was insured by the United States Department of Housing andUrban Development.
As added by P.L.2-2002, SEC.14. Amended by P.L.105-2009,SEC.17.
IC 32-29-7-11
Receiver; duties; owner permitted to retain possession of propertyused as dwelling; limitations
    Sec. 11. (a) If the court appoints a receiver of mortgaged property,the receiver shall take possession of the mortgaged property, collectthe rents, issues, income, and profits and apply the rents, issues,income, and profits to the payment of taxes, assessments, insurancepremiums, and repairs required in the judgment of the receiver topreserve the security of the mortgage debt. The receiver shallpromptly file a final report with the clerk of the court and, subject tothe approval of the court, account for and pay over to the clerk,subject to the further order of the court, the balance of income orother proceeds that remain in the receiver's possession.
    (b) If the mortgaged property is occupied as a dwelling by therecord owner of the fee simple title, the owner shall be permitted toretain possession of the mortgaged property, rent free, until theforeclosure sale if the owner continues to pay the taxes and specialassessments levied against the mortgaged property and if the owner,in the judgment of the court, does not suffer waste or other damageto the property. However, if the record owner of the fee simple titledoes not pay the taxes and special assessments levied against themortgaged property, the owner may retain possession of that part ofthe mortgaged property, not exceeding fifteen (15) acres, that isactually occupied as a dwelling by the record owner of the fee simpletitle, rent free, until the sale, if the owner does not, in the judgmentof the court, suffer waste or other damage to the property. The ownerof any crops growing on the mortgaged property at the time of thecommencement of an action for foreclosure, other than the owner offee simple title or the owner's assigns, may enter the property to carefor and harvest the crops at any time within one (1) year after thefiling of the foreclosure action.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-12
Owner's right to crops
    Sec. 12. If the record owner of the fee simple title has the rightunder section 11 of this chapter to retain possession of the mortgagedpremises or any part of the mortgaged premises until the foreclosuresale, the owner may, at any time within one (1) year after thecommencement of the foreclosure action, enter the premises to carefor and harvest any crops growing at the time of the commencementof the foreclosure action on all or part of the mortgaged premises.
As added by P.L.2-2002, SEC.14.

IC 32-29-7-13
Other means of redemption excluded
    Sec. 13. There may not be a redemption from the foreclosure ofa mortgage executed after June 30, 1931, on real estate except asprovided in this chapter.
As added by P.L.2-2002, SEC.14.
IC 32-29-7-14
Applicability
    Sec. 14. The laws of Indiana in force on June 29, 1931, shallapply to the foreclosure of any mortgage executed before June 30,1931.
As added by P.L.2-2002, SEC.14.