- Who sends it
- The judge in your foreclosure case; the lender's attorney usually mails you a copy
- What it starts
- The lender's right to ask the clerk for a sheriff's sale, once 3 months have passed since filing
- Do this first
- Read the judgment amount and call Indiana Legal Services at 1-844-243-8570
What this judgment is in Indiana
Under Ind. Code 32-30-10-5, the court gives a personal judgment against anyone liable on the promise to pay, such as the note, and orders the home sold before any of your other property. Under Ind. Code 32-30-10-7, the order of sale directs that any balance left unpaid after the sale be collected from your other property.
Before it can enter this judgment on a mortgage covered by the settlement conference law, the court must find that the settlement conference notice was given, that you did not ask for a conference in time or the conference ended without agreement (or you did not send any required package document), and that at least 60 days have passed since the Pre-Suit Notice was sent (Ind. Code 32-30-10.5-9).
How the waiting period counts
- For mortgages signed on or after July 1, 1975, the sale process cannot begin until 3 months after the complaint was filed, not after the judgment (Ind. Code 32-29-7-3(a)).
- After that, the lender files a praecipe with the clerk, who sends a certified copy of the judgment to the sheriff. The sheriff must set the sale no later than 120 days after receiving it.
- If a court finds the home abandoned under Ind. Code 32-30-10.6, the sale can go ahead on the day of judgment. If the lender asks for that finding, the court sets a hearing 15 to 25 days out, and you can object in writing or in person.
- You can file a written waiver of the waiting period, with the lender's consent endorsed on the judgment. The sale then moves ahead at once, and in exchange the lender gives up any deficiency judgment against you (Ind. Code 32-29-7-5). Talk to a lawyer before you sign one.
What you can still do before the sale
- Redeem: any owner can pay the judgment, interest and costs to the clerk, or to the sheriff once the sheriff has the judgment. The sale order is then vacated (Ind. Code 32-29-7-7).
- If only missed installments are due and the whole loan was not called due, paying the court the overdue principal and interest after judgment puts the judgment on hold (Ind. Code 32-30-10-11(b)). Have a lawyer check whether this fits your loan.
- Keep working with your servicer. Indiana law recognizes a written agreement between you and the lender to delay the sale.
- If you live in the home, you can stay rent free until the sale if you pay property taxes and special assessments and do not damage the property (Ind. Code 32-29-7-11(b)).
What to do this week
- Read the judgment amount and the judgment date. Count 3 months from the complaint's filing date to see when a sale can first be requested.
- Call Indiana Legal Services at 1-844-243-8570 and the Indiana Foreclosure Prevention Network at 1-877-GET-HOPE.
- Ask your servicer for a written payoff and any workout terms.
- Read Indiana deficiency judgments and our national foreclosure judgment page.
The rest of the Indiana process
See how foreclosure works in Indiana, the timeline, ways to stop it and free help in Indiana, or read the national guide to this letter.
Common questions
How long after an Indiana foreclosure judgment is the sheriff's sale?
There is no fixed number. The lender cannot ask for a sale until 3 months after it filed the complaint, the sheriff must hold the sale within 120 days after getting the certified judgment, and the first notice must run at least 30 days before (Ind. Code 32-29-7-3).
Will I owe money after an Indiana foreclosure judgment?
Possibly. If you signed a promise to pay, the judgment includes a personal judgment, and any shortfall after the sale can be collected from your other property, unless the lender waived it, for example in exchange for your waiver of the 3-month wait.
Can I still save my Indiana home after the judgment?
Yes, until the sheriff's sale, by paying the full judgment, interest and costs, or through a written agreement with the lender. After the sale there is no right of redemption.
Other Indiana letters
- Pre-Suit NoticeBefore 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.
- Summons and foreclosure complaintThe 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.
- Notice of settlement conferenceAfter 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.
- Notice of sheriff's saleThe 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.
- Writ of assistanceIn 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.