By responding to a lender’s foreclosure complaint, Indiana property owners can preserve valuable legal rights. Even if substantial arrears are owed, homeowners who answer foreclosure complaints benefit because the filing of an answer to foreclosure often delays the foreclosure process, thereby extending the time period in which the property owner is permitted remain in possession of the subject property.

In Indiana, there is a ma  ndatory waiting period between the date the foreclosure suit is filed and the day the property is sold. The date the mortgage was signed determines the length of time a lender must wait between filing the suit and proceeding with the foreclosure sale; this can vary from 3 to 12 months. Depending on your response to the complaint, the judge could take further action, like ordering a negotiation between you and your lender before the foreclosure can proceed. When your property is in foreclosure, the judge will probably permit you to remain in possession if you pay property taxes and any other necessary fees, and if the judge believes you will not damage the property. In addition, Indiana law allows the property owner or a renter to care for and harvest crops on the property up to one year after the filing of the foreclosure action. You may “redeem” your mortgage prior to sale by repaying the amount of the foreclosure judgment before the start of the foreclosure sale process.

Many property owners discover that lenders have not complied with procedural requirements applicable to foreclosure cases. On March 17, 2010, Governor Daniels signed into law House Enrolled Act No. 1122. Section 3 of HEA 1122 requires that IHCDA revise the Pre-Suit Notice required under IC §32-30-10.5-8. Under IC §32-30-10.5-8, a lender must send a homeowner a Pre-Suit Notice on a form prescribed by IHCDA at least thirty (30) days prior to filing a foreclosure action against the homeowner.

Indiana foreclosure answer forms are available online for download.

Marc A. Rapaport is the founder of, a leading provider of foreclosure answer forms and foreclosure defense information. Mr. Rapaport is an attorney with 15 years of experience, and he regularly appears in the national and local media with regard to foreclosure defense and other legal issues of interest to homeowners and consumers.


By yanam49

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