SB 492-5_ Filed 04/14/2009, 07:42 Bardon
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 492 be amended to read as follows:
SOURCE: Page 3, line 18; (09)MO049208.3. -->
Page 3, line 18, delete "IC 32-30-10.5-9(a)," and insert
" IC 32-30-10.5-8(a),".
Page 10, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 32-29-7-3; (09)MO049208.11. -->
"SECTION 11. IC 32-29-7-3, AS AMENDED BY P.L.100-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. (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) subject to subsection (i),
if the court finds that the mortgaged
real estate is residential real estate and 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.
(c) Upon receiving a certified judgment under subsection (b) or (i),
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 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 a time certain between the hours of 10 a.m. and 4 p.m.
on any day of the week except Sunday.
(d) Before selling mortgaged property, the sheriff must advertise the
sale by publication once each week for three (3) successive weeks in
a daily or weekly newspaper of general circulation. The sheriff shall
publish the advertisement in at least one (1) newspaper published and
circulated in each county where the real estate is situated. 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. 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 this subsection. The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected;
(3) to be deposited in the county general fund for appropriation
for operating expenses of the sheriff's department.
(e) 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
(f) 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.
(g) Notices under subsections (d) and (e) 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.
(h) The sheriff may charge an administrative fee of not more than
two hundred dollars ($200) 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
(2) due at the time of filing of the praecipe;
under subsection (b).
(i) This subsection applies to a foreclosure action that is filed
under IC 32-30-10 after June 30, 2009. If:
(1) a judgment and decree in a proceeding to foreclose a
mortgage is entered by a court having jurisdiction;
(2) a person who may enforce the judgment and decree has
not filed a praecipe under subsection (b) with the county clerk
not later than one hundred eighty (180) days after the entry
of the judgment by the court;
(3) the legislative body of any:
(A) municipality in which the property is located; or
(B) county in which the property is located, if the property
is not located in a municipality;
files a petition requesting a sheriff's sale with the clerk of the
county in which the judgment and decree is filed; and
(4) the court, after receiving a petition described in
subdivision (3), finds that the mortgaged real estate is
residential real estate and has been abandoned;
the clerk of the county in which the judgment and decree 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. Upon
receiving a copy of the judgment and decree under this subsection,
the sheriff shall proceed to sell the mortgaged premises as set forth
in this section. If, after a sheriff's sale is conducted under this
section, any part of the judgment, interest, or costs remain
unsatisfied, the judgment holder may not pursue any deficiency
judgment against the debtor.
SOURCE: Page 11, line 13; (09)MO049208.11. -->
Page 11, line 13, delete "IC 32-30-10.5-9(a)" and insert
" IC 32-30-10.5-8(a)
Page 13, delete lines 8 through 10.
Page 13, line 11, delete "9." and insert " 8.
Page 13, line 13, delete "11(g)" and insert " 10(g)
Page 13, line 33, delete "11(h)" and insert " 10(h)
Page 14, line 20, delete "10." and insert " 9.
Page 14, line 24, delete "9(c)" and insert " 8(c)
Page 14, line 27, delete "9(c)" and insert " 8(c)
Page 14, line 28, delete "9(c)" and insert " 8(c)
Page 14, line 31, delete "9(c)" and insert " 8(c)
Page 14, line 32, delete "9(c)" and insert " 8(c)
Page 14, line 37, delete "9(a)" and insert " 8(a)
Page 14, line 39, delete "11." and insert " 10.
Page 14, line 42, delete "9(c)" and insert " 8(c)
Page 17, line 14, delete "9" and insert " 8
Page 17, line 19, delete "12." and insert " 11.
Page 17, line 27, delete "9(c)" and insert " 8(c)
Renumber all SECTIONS consecutively.
(Reference is to ESB 492 as printed April 10, 2009.)
MO049208/DI 101 2009