Partition
Effective July 1, 2012
Establishes a new procedure for partitioning real and personal property that: (1) requires a court to refer the matter to mediation; and (2) requires the court to order that the property be sold using a method the parties agree upon, or if the parties are not able to reach an agreement, at auction. Repeals superseded provisions.
Security deposits and motor vehicle liens
Effective July 1, 2012
Prohibits a landlord from requiring a lien on a motor vehicle that is owned by a tenant as a security deposit or to secure the payment of rent by the tenant. Provides that, if a landlord accepts a lien on a motor vehicle as a security deposit, the landlord must file or record the lien and comply with requirements concerning security deposits to enforce the lien.
Mortgages and liens on real property
Effective July 1, 2012 (§ 1-3); March 19, 2012 (§ 4-8)
Removes a provision specifying that a mortgage or vendor’s lien that was created before September 1, 1982, on real estate in Indiana expires 20 years after the last installment of the secured debt is due. Provides that if a mortgage or vendor’s lien does not show the due date of the last installment, the mortgage or lien expires 10 years (instead of 20 years under current law) after the date of execution of the mortgage or lien. Provides that if: (1) the record of the mortgage or lien does not show the due date of the last installment; and (2) the execution date is omitted from the mortgage or lien; the mortgage or lien expires 10 years (instead of 20 years under current law) after the mortgage or lien is recorded. Provides exceptions to these expiration periods if a foreclosure action is brought or maintained not later than the applicable expiration period. Makes corresponding changes in the provision that allows the mortgagee or lienholder to file an affidavit stating when the debt becomes due.
Provides that at any time after a judgment and decree of sale is entered in an action to foreclose a mortgage on an interest in real property in Indiana, an interested person or an omitted party may bring a civil action concerning an omitted party’s interest in the property. Provides that upon the filing of such an action, the court shall determine the extent of the omitted party’s interest and issue a decree terminating that interest, subject to the right of the omitted party to redeem the property if the omitted party would have had redemption rights under existing law. Sets forth factors that the court must consider in determining the terms of redemption. Provides for the amount to be paid for redemption and the time allowed for payment. Provides that: (1) the senior lien on which the foreclosure action was based is not extinguished by merger with the title to the property conveyed to a purchaser at the judicial sale until the interest of any omitted party has been terminated; and (2) until an omitted party’s interest is terminated, the purchaser at the judicial sale is the equitable owner of the senior lien. Provides that an interested person’s rights under the new provisions may not be denied because of certain acts or omissions by the interested person.
Eminent domain filing deadlines
Effective July 1, 2012
Specifies that a party to an eminent domain action aggrieved by the assessment of benefits or damages in a report of the appraisers filed with a court may file written exceptions to the assessment in the office of the circuit court clerk after the report of the appraisers is filed with the court not later than 45 days after the date the circuit court mails the report.
Criminal history and sentencing – infractions records remedies
Effective July 1, 2012
Establishes IC 35-28-5-15 to provide that the court shall, sua sponte, order the clerk not to disclose infraction records to a noncriminal justice organization or an individual if the infraction defendant: (1) was not prosecuted or if the complaint was dismissed; (2) was acquitted of the infraction; or (3) was adjudged to have committed the infraction but the judgment was vacated. Provides that if the court fails to order the nondisclosure, the infraction defendant may file a petition to have the nondisclosure ordered. Specifies contents and filing time for the petition and requires notice to the prosecutor. If prosecutor opposes the petition, a hearing is required. Also, establishes IC 34-28-5-16 providing that five years after the date a person satisfies a judgment for an infraction the clerk must prohibit the disclosure of information related to the infraction to noncriminal justice organizations or to individuals. Also provides that a “person whose records have been restricted under this section may legally state on an application for employment or any other document that the person has not been adjudicated to have committed the infraction recorded in the restricted records.”
Agricultural operations – restitution for methamphetamine and marijuana
Effective July 1, 2012
Requires a court to order a person who manufactures methamphetamine or marijuana on property owned by another to pay certain liquidated damages as restitution to the property owner.
Finding of abandonment for mortgaged property
Effective March 16, 2012
Provides a procedure that allows: (1) a creditor in a mortgage; or (2) an enforcement authority with jurisdiction in the location of the mortgaged property to petition the court having jurisdiction over an existing mortgage foreclosure action to find that the mortgaged property is abandoned. Provides that upon receiving a petition for a determination of abandonment, the court shall issue an order to show cause as to why the property should not be found to be abandoned and to direct the appropriate parties to appear before the court on a date and time specified in the order. Provides that a party subject to the order has the right to: (1) present oral or written evidence or objections on the issue of abandonment to the court; and (2) be represented by an attorney when appearing before the court. Provides that certain specified conditions existing with respect to the mortgaged property constitute prima facie evidence that the property is abandoned. Provides that the debtor’s failure to either: (1) present written evidence or objections on the issue of abandonment before the appearance date or (2) appear before the court on the appearance date; constitutes prima facie evidence that the property is abandoned.
Other bills of interest:
Cemetery access
Agricultural operations – agricultural nuisance actions
Immunity for fast responders
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The Legislative Update is a weekly update of the activities of the Indiana General Assembly and a publication of the Indiana Judicial Center.
