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Indiana Foreclosure Questions & Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Indiana on

Q: Buying a home on contract in Indy but seller lives out of state. Am I bound by seller's state laws or mine?

I am behind on payments and the seller wants to enforce foreclosure laws of their state. They were included in our contract.

Roland B Wilson III answered on Feb 24, 2019

You are bound by the laws where the property is located.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison answered on Dec 15, 2018

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

1 Answer | Asked in Foreclosure and Landlord - Tenant for Indiana on

Q: I'm a renter in Indiana. Land Lord is severely delinquent. What are my rights.

I received a severely delinquent letter from the bank stating my landlord hasn't been paying . And I rent I need to know my rights.

Alexander Florian Steciuch answered on Jul 31, 2018

If your landlord is not paying the mortgage on the property, it is not an issue for you until the foreclosure proceedings begin. If the property you are living in is foreclosed on successfully by the bank or mortgage holder, your landlord will have violated the lease agreement as they can no longer... Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on

Q: Our Ch. 7 Bankruptcy has been discharged. The motion for foreclosure has been filed and

Sent to the Sheriff. Can we go ahead and move out of the house?

David Earl Phillips answered on Aug 15, 2017

Yes. You do not have to wait on the sale. You should notify the attorney doing the foreclosure and the sheriff office that you are vacating the property. Also, turn off the power and water. If you had a bankruptcy lawyer, tell them that you are moving out. Good luck!

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on

Q: I am under a repayment plan with the IRS. Can I file bankruptcy to stop a foreclosure on a rental property?

I want to keep the property and reinstate it. The mortgage company doesn't seem willing to work with me.

David Earl Phillips answered on Jun 7, 2017

You will need to see a bankruptcy lawyer before the foreclosure date to determine if you qualify to file a bankruptcy case. Chapter 13 is most likely going to be the best way to stop the foreclosure and maybe keep the rental property. The IRS repayment can be dealt with in a chapter 13 plan and the... Read more »

2 Answers | Asked in Contracts, Foreclosure and Landlord - Tenant for Indiana on

Q: I am renting to own a property in Garrett IN and the tenet has repeatedly been late on making payments & is a month late

they have been repeatedly late on payments and now will not return calls how do I go about evicting and should I have anymore contact with them?

Alexander Florian Steciuch answered on Feb 28, 2017

The best advice that can be given in this situation is that you should consult a local Indiana attorney to assist you and ensure that the matter is handled correctly.

In short, if your tenant is not paying his or her rent, you have every right to evict him or her. Indiana Code 32-31-1-6...
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1 Answer | Asked in Foreclosure for Indiana on

Q: Our home was in a sheriff's sale, but no bids were made, resulting in the property being retained by Deutsche Bank

What options in reinstating the loan and re-obtaining our property? We have not seen a copy of the note, only in writing in the judgment from the court documents, stating that Deutsche is the registered holder of Ameriquest Mortgage Securities Inc. Asset-Backed Pass Through Certificates.

Timothy Coe answered on Sep 14, 2012

It is not at all uncommon for no one to show up at the sheriff's sale and for the bank to buy the property for what it's owed. At this point re-instating the loan is not an option. Your rights to the house have been foreclosed. You may try to contact Deutsche Bank to try to get a lease-back or you... Read more »

1 Answer | Asked in Foreclosure for Indiana on

Q: We have a house with 2 mortgages, and $91,000 in the estate, can we turn the house in to the bank in lieu of payment?

Timothy Coe answered on Sep 14, 2012

What you are talking about is a Deed in Lieu of foreclosure. It is unlikely that the bank would go for it because they are still taking it subject to the second bank's mortgage. If you file a bankruptcy your bankruptcy attorney will be able to help you surrender the house as part of the bankruptcy... Read more »

1 Answer | Asked in Foreclosure for Indiana on

Q: Do you know of an attorney that can help a blind tenant that was locked out wrongfully during a pending foreclosure

US Bank sent five brothers company to landlord property having no title while in foreclosure and had tenant locked out without prior notice and said agent told police to arrest for trespass as US BANK was the owner although all public records and court case show that landlord is still the owner of... Read more »

Burton A. Padove answered on Jul 10, 2011

I am sorry that no one answered this sooner. Hopefully, you did receive help independently from Justia Answers. Regardless, in the event that you still need help, please repost with information concerning the county where you live.

1 Answer | Asked in Foreclosure for Indiana on

Q: I have received forclosure notice on my home. How do I go about giving a waiver for them to go ahead and sell?

Burton A. Padove answered on Jul 10, 2011

I am speculating but ti sounds as if you are asking how to give a deed in lieu. Mostlenders have their own procedures and qualifying requirements for accepting a deed in lieu. You need to contact your lender. Be prepared to provide a substantial amount of information and for a somewhat time... Read more »

1 Answer | Asked in Foreclosure for Indiana on

Q: I was working with Chase for loan modification. At the same time they forclosed my house. Is there any help I can get.

Burton A. Padove answered on Jul 10, 2011

Possibly. However the answer depends on large part on the modification process status as it relates to the timing of the foreclosure proceeding.

1 Answer | Asked in Foreclosure for Indiana on

Q: What does motion to dismiss defendent, occupants mean for a forclosure?

The house hs been vacant an the court has a dismissal of the defendent.

Burton A. Padove answered on Jul 7, 2011

This means that those persons who were occupying the house have been dismissed from the case. An example would be when a Plaintiff names a tenant without knowing that the house had been vacated.

1 Answer | Asked in Employment Law and Foreclosure for Indiana on

Q: Can you get your Indiana Carpenters Annuity Fund (not pension), during hard times? We are about to lose our house!

We NEED that money and they said to write a letter of hardship and it would be brought up at the quarterly meeting. We did just that and we paid $18.00 to send it priority, they signed for it and DIDN'T bring it up at the quarterly meeting!!!! This may have been our last chance before our house... Read more »

Michael Bartolic answered on May 16, 2011

While the Internal Revenue Code does permit, in order to maintain tax-qualified status, some plans to allow for certain hardship distributions (e.g., 401(k) plans), it is unusual for a defined benefit or annuity-type plan to provide for such distributions. If this plan so provides, whether or not... Read more »

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