Section 32-29-7-3 - Mortgage foreclosure; time for execution of judgment; right of enforcement authority to file praecipe; sale by sheriff; advertising; sheriff's fee(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 under IC 32-30-10.6 that the mortgaged real estate 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 executed.(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. However, if:(1) a praecipe is not filed with the clerk within one hundred eighty (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 real estate; and(ii) is executed by and between the owner of the mortgaged real estate and a party entitled to enforce the judgment and decree; an enforcement authority that has issued an abatement order under IC 36-7-36-9 with respect to the mortgaged real estate may file a praecipe with the clerk in any county where the judgment and decree is filed. If an enforcement authority files a praecipe under this subsection, the clerk of the county in which the praecipe is filed 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. The sale may be conducted electronically under subsection (d), 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:(1) a date not later than: (A) sixty (60) days after the date on which a judgment and decree under IC 32-30-10.6-5; and(B) one hundred twenty (120) days after the date on which a judgment and decree in all other cases; under seal of the court is certified to the sheriff by the clerk; and
(2) a time certain between the hours of 10 a.m. and 4 p.m. on any day of the week except Sunday.(d) The county sheriff may conduct the public auction required under subsection (c) electronically. The electronic sale must comply with the other requirements in this section. If the public auction is conducted electronically, the county sheriff may receive electronic payments and establish procedures necessary to secure the payments by the time of the sale. The auction provider may not add an additional cost for conducting the sale electronically.(e) Before selling mortgaged property, the sheriff must advertise the sale by publication once each week for three (3) successive weeks:(1) with each publication of notice in a daily or weekly newspaper of general circulation in at least one (1) newspaper published and circulated in each county where the real estate is situated; or(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications of notice:(A) in accordance with IC 5-3-5; and(B) on the official web site of each county where the real estate is located. 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.
(f) 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 subsection (e). The fee is: (1) a cost of the proceeding;(2) to be collected as other costs of the proceeding are collected; and(3) to be deposited in the county general fund for appropriation for operating expenses of the sheriff's department.(g) The sheriff also shall post written or printed notices of the sale at the door of the courthouse of each county in which the real estate is located.(h) 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.(i) Notices under subsections (e), (f), (g), and (k) 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.(j) The sheriff may charge an administrative fee of not more than three hundred dollars ($300) 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 decree; and(2) due at the time of filing of the praecipe; under subsection (b).
(k) If a sale of mortgaged property scheduled under this section is canceled, the sheriff shall provide written notice of the cancellation to 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) for notice to one (1) owner and three dollars ($3) for notice to each additional owner for service of written notice under this subsection. The fee: (1) is a cost of the proceeding;(2) shall be collected as other costs of the proceeding are collected; and(3) shall be deposited in the county general fund for appropriation for operating expenses of the sheriff's department. The fee for service under this subsection shall be paid by the person who caused the sale to be canceled.
Pre-2002 Recodification Citation: 32-8-16-1.
Amended by P.L. 9-2022,SEC. 69, eff. 7/1/2022.Amended by P.L. 152-2021,SEC. 35, eff. 7/1/2021.Amended by P.L. 247-2015, SEC. 27, eff. 7/1/2015.Amended by P.L. 66-2014, SEC. 19, eff. 7/1/2014.Amended by P.L. 102-2012, SEC. 1, eff. 3/16/2012.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.