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Indiana

Indiana Code § 32-30-10. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

No statutory post-sale redemption for most residential forec

Deficiency

Lender may pursue deficiency. Court determines fair market v

Mediation

Foreclosure Settlement Conference Program available in some

Statute Citation

Ind. Code §§ 32-30-10-1 to 32-30-10-14

Redemption Period

No statutory post-sale redemption for most residential foreclosures. Indiana abolished post-sale redemption in 2013 for residential mortgage foreclosures.

Deficiency Judgment Rule

Lender may pursue deficiency. Court determines fair market value and limits deficiency to debt − fair market value (or sale price if higher). Deficiency must be sought in the foreclosure action.

Notice Requirements

Foreclosure complaint filed and personally served. Sheriff's sale conducted after judgment. Notice of sale published 3 times and posted. Notice of sheriff's sale mailed to borrower.

Mediation Program

Foreclosure Settlement Conference Program available in some counties. Indiana Supreme Court encourages settlement conferences.

Key Provisions

  • Judicial foreclosure only — court supervision throughout
  • No post-sale redemption (abolished 2013 — Indiana transitioned from a long-redemption state to a no-redemption state)
  • Fair value hearing required for deficiency
  • Sheriff's sale by public auction

Homeowner Protections

  • Judicial process ensures court oversight of all foreclosure elements
  • Fair value limitation on deficiency judgments
  • Settlement conference programs in larger counties
  • Formal service requirements ensure notice

Frequently Asked Questions

When did Indiana eliminate post-foreclosure redemption?+
Indiana abolished the statutory right of redemption for residential mortgage foreclosures effective July 1, 2013. Before 2013, Indiana had a 3-month (occupied) or 1-year (tax sale) redemption period. After 2013, there is no post-sale redemption for most residential mortgage foreclosures — the sheriff's sale is final. This means you must assert defenses and remedies BEFORE the sale. If the sale occurs, you cannot redeem.
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