Wednesday, September 8, 2010

Finding Foreclosure Help in Indiana

Finding Foreclosure Help in Indiana

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Indianapolis Field Office

Indianapolis Office
151 North Delaware Street, Suite 1200
Indianapolis, IN 46204-2526

Phone: (317) 226-6303
Fax: (317) 226-6317

TTY: (800) 743-3333

Jurisdiction: State of Indiana

John Hall,

Field Office Director
email: John_R._Hall@hud.gov

Office Hours: 8:00 a.m. to 4:45 p.m.
Monday through Friday

Indiana Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is not available.
The primary security instruments are mortgages.
The timeline can vary by process, which typically takes 150 days.
The borrower has rights of redemption.
The lender may sue for deficiency judgements.
Lenders in Indiana may foreclose on mortgages in default through a judicial process.

Judicial Foreclosure

The judicial foreclosure process is used when there is no power of sale clause present in a mortgage deal. The lender must first file a lawsuit and obtain a court order to foreclose. Once this has been approved, the property can then be sold to the highest bidder at an auction.

Once a mortgage has been signed, the lender typically has to wait 3-12 months before a suit can be filed to foreclose. The borrower may waive this time period so that the sale can occur at anytime. But in this case, the lender loses his right to file for a deficiency judgement.

For a sale to take place, a notice of the sale must first be published in the county newspaper 30 days prior to the date of sale, once a week for 4 consecutive weeks. The notice must also be sent to the parties involved informing them about the upcoming foreclosure sale. The owners may still reside in the property, but must leave once the foreclosure sale has been completed.

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