Indiana · What this letter means
Indiana foreclosure letters and notices
The papers Indiana homeowners receive, in the order they usually arrive. Each page uses the name on the Indiana document, explains the deadline it starts under Indiana law, and lists what to do this week.
- Step 1
Pre-Suit Notice
Before an Indiana lender can file a foreclosure lawsuit on your primary residence, it must send you a Pre-Suit Notice by certified mail at least 30 days ahead, on a form set by the state housing agency. It says you are in default and points you to free counseling. It is a warning, not a lawsuit.
What it means - Step 2
Summons and foreclosure complaint
The summons and complaint start the foreclosure lawsuit in your county's circuit or superior court. The summons sets two separate deadlines: a written response within 20 days (23 if you got it by certified mail) and a request for a settlement conference within 30 days after service. Do both if you can.
What it means - Step 3
Notice of settlement conference
After you ask for a settlement conference, the court issues a notice ordering you and the lender to meet 40 to 60 days later to try to reach a foreclosure prevention agreement. You must send your loss mitigation package to the lender's attorney and the court 30 days before the conference. Missing it can let the lender get judgment.
What it means - Step 4
Judgment and decree of foreclosure
The judgment and decree of foreclosure is the court's ruling that the lender can have your home sold by the sheriff. It usually includes a personal judgment against you for the debt. The sale process cannot start until 3 months after the complaint was filed, and you can stop the sale by paying the judgment, interest and costs before it.
What it means - Step 5
Notice of sheriff's sale
The county sheriff serves you with this notice when the first newspaper ad for the sale runs, at least 30 days before the sale. It gives the date, time, place and street address. You can stop the sale by paying the full judgment, interest and costs before it, but there is no right to buy the home back after.
What it means - Step 6
Writ of assistance
In Indiana, the buyer at a sheriff's sale gets a deed right after the sale. If you have not moved, the buyer can apply to the court clerk for a writ of assistance, a court order directing the sheriff to deliver possession. State law does not set a fixed number of days, so act the day you receive it.
What it means
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