SB 492-5_ Filed 04/14/2009, 07:42 Bardon
Adopted 4/14/2009


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    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; and
        (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 located.
    (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 decree; 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.)

________________________________________

Representative Bardon


MO049208/DI 101     2009