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FORCLOSURECONSULTORS.COM
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Indiana
When you develop a definite plan of action with well-timed, well-informed
steps, you can stop the foreclosure process and save your home. We have
outlined the foreclosure process for the state of Indiana.
The Process
In Indiana, a lender can file a lawsuit to foreclose on real estate. The
date the mortgage was signed determines the length of time it takes
between the filing of the lawsuit and the foreclosure sale. Here are the
applicable waiting periods:
Before January 1, 1958:
12 months
Between January 1,1958-
July 1,1975
6 months
After July 1, 1975
3 months
Procedure
If the owner files a waiver of the time limit with the court clerk, which
has been signed by the lender (or judgment holder), then the foreclosure
sale process may begin without the need to delay 3 to 12 months. If such a
waiver is used however, the lender loses the right to sue the borrower for
a deficiency.
The foreclosure sale process involves publishing an ad once a week for
three weeks. The first ad must be run 30 days before the sale. At the time
the first ad is run, each owner must be served with notice of the
foreclosure sale by the sheriff. The sheriff conveys title by a deed given
immediately after the sale. The owner may reside in the property, rent
free, until the foreclosure sale, provided the owner is not committing
waste, which means tearing up the property.
Redemption
There is no right to redemption after the foreclosure sale. The waiting
precedes the sale. If the property is not a principal residence, a
receiver can be appointed to take charge of it

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