Start Indiana Foreclosure Process

In Indiana, the foreclosure process starts by filing an official complaint in the court by the lender. However the lender cannot file a complaint against the borrower unless there has been a default in payment of dues under the real estate mortgage agreement. Hence many weeks if not months can pass between the initial default on payment of loan to the final decision to file a suit in the court of law. The timing of Indiana bank foreclosures depends on how the borrower contests the foreclosure proceedings.

An uncontested foreclosure generally takes about 4 to 6 months minimum. The Indiana foreclosure process starts with the filing of complaint by the lender. Then there is a process service on the borrower which takes about 5 to 10 days. The borrower can make an application for default judgment after about 24 days of service of process. The entry of default judgment normally occurs within 30 days of filing the application. However the Praecipe for the Sheriff’s sale cannot be filed 3 months after the complaint is filed. The Sheriff’s sale then happens 45 to 90 days after Praecipe.

In case of fairly quick contested foreclosure there is first a filing of complaint by the lender after which there is service of process of the debtor which again occurs in 5 to 10 days. This is followed by the appearance of the debtor’s attorney who is given a time of 30 days to respond to the complaint. The complaint has to be answered within 30 days of filing of appearance. The motion for summary judgment can be filed after filing the answer while an objection to filing of motion judgment can be done after 30 days. The summary judgment hearing is then held 75 to 120 days after the motion is filed. The entry of judgment occurs on the day of the hearing.