Indiana Foreclosure Questions & Answers

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

2 Answers | Asked in Foreclosure and Real Estate Law for Indiana on
Answered on Feb 24, 2019
Roland B Wilson III's answer
You are bound by the laws where the property is located.

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

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
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.

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

1 Answer | Asked in Foreclosure and Landlord - Tenant for Indiana on
Answered on Jul 31, 2018
Alexander Florian Steciuch's answer
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 provide you with a place you can live.

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

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on
Answered on Aug 15, 2017
David Earl Phillips' answer
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!

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

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on
Answered on Jun 7, 2017
David Earl Phillips' answer
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 fact you are paying the IRS now will not prevent a chapter 13 filing. This is a situation that is not DIY. You will need a bankruptcy lawyer asap to see what your options are. Look on Justia for a...

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

2 Answers | Asked in Contracts, Foreclosure and Landlord - Tenant for Indiana on
Answered on Feb 28, 2017
Alexander Florian Steciuch's answer
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 requires that a 10 day notice to quit premises be served on the tenant or a resident living there. There are numerous exceptions to this however, such as if the tenant is committing waste or the lease...

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

1 Answer | Asked in Foreclosure for Indiana on
Answered on Sep 14, 2012
Timothy Coe's answer
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 could try to get a new loan to re-buy your house essentially. But your chances of getting one for the same property that you were foreclosed on is not that likely. Before you went to sheriff's sale...

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?

1 Answer | Asked in Foreclosure for Indiana on
Answered on Sep 14, 2012
Timothy Coe's answer
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 so you won't owe anything else (as in a deficiency judgment) and you won't be on the hook for any taxes that may come if you simply gave the house back as it were.

Best of luck!

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

1 Answer | Asked in Foreclosure for Indiana on
Answered on Jul 10, 2011
Burton A. Padove's answer
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.

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

1 Answer | Asked in Foreclosure for Indiana on
Answered on Jul 10, 2011
Burton A. Padove's answer
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 consuming process.

You also have the option of just not responding to the Complaint. However, these days a number of the lenders are sitting on their foreclosures once filed, so in the meantime,...

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

1 Answer | Asked in Foreclosure for Indiana on
Answered on Jul 10, 2011
Burton A. Padove's answer
Possibly. However the answer depends on large part on the modification process status as it relates to the timing of the foreclosure proceeding.

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

1 Answer | Asked in Foreclosure for Indiana on
Answered on Jul 7, 2011
Burton A. Padove's answer
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.

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

1 Answer | Asked in Employment Law and Foreclosure for Indiana on
Answered on May 16, 2011
Michael Bartolic's answer
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 you can take the hardship distribution depends on whether you meet the plan's definition of "hardship." Plans are not required to offer hardship withdrawals, but if they do the plan can be more...

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