Civil Law

May 22, 2009 | Category: Civil

For information regarding wrongful death or injury of a child, please see S.E.A. 342 under the “Criminal Law” section.

Domestic violence programs & Indiana protective order registry
S.E.A. 345, P.L. 130
Effective June 30, 2009 (§ 29-31); July 1, 2009 (§ 1-28)
Transfers the administration of sexual offense services, domestic violence programs, the assistance to victims of human and sexual trafficking, the domestic violence prevention and treatment council, the domestic violence prevention and treatment fund, and the family violence and victim assistance fund to the Criminal Justice Institute. Establishes the Indiana protective order registry (registry) and requires the Division of State Court Administration (Division) to create, manage, and maintain the registry. Requires the Division to: (1) make the protective order registry available so that county case management systems may interface with the registry by December 31, 2009; (2) submit information concerning a standard protocol for county case management systems to each prosecuting attorney and court; and (3) develop standard protocols for the exchange of information by December 31, 2009 between the protective order registry and county court case management systems for certain case management systems to interface with electronic traffic tickets and between county case management systems and the case management system developed and operated by the Division.

Consumer practices & residential mortgage foreclosures
S.E.A. 492, P.L. 105
Effective May 7, 2009 (§ 1-3; 22-24); July 1, 2009 (§ 4-15; 17-21); January 1, 2010 (§ 16)
Provides, with respect to foreclosure filings, (1) the lender must send the borrower in default a presuit notice meeting certain requirements, (2) when the foreclosure complaint is filed the creditor must attach with the complaint a notice informing the borrower of its right to conduct a settlement conference as well as other information, and (3) if the borrower elects to conduct a settlement conference the court must include certain information in the notice of settlement conference sent to the parties (click here to see what the court notice of settlement conference must include).  If a settlement conference is conducted the lender must have someone at the conference with representative authority, and must inform the court whether an agreement was reached at the conference, if negotiations are continuing, or if no agreement was reached.  If an agreement is reached, it must be filed with the court.  Provides that if parties participate in a settlement conference it satisfies any local rule requiring mediation or another form of alternative dispute resolution.

Establishes a $50 court fee for mortgage foreclosure actions that are filed after June 30, 2009, and before January 1, 2013, and provides that the fees are to be deposited in the home ownership education account administered by the Indiana Housing and Community Development Authority.

Provides that the electronic system to be established by the department of insurance not later than September 1, 2009, for the collection and storage of certain information concerning persons participating in or assisting with single family residential mortgage transactions must include the names of the buyer and the seller in a first lien purchase money mortgage transaction.

GPS monitoring & restraining orders
H.E.A. 1578, P.L. 116
Effective July 1, 2009
Permits a court to require a person who is subject to an order of protection to wear a GPS tracking device if the court finds that the person violated an order for protection. Provides that if a court orders GPS tracking, the court shall require the use of a GPS tracking device with certain notification capabilities. Requires the Division of State Court Administration to provide reports to the general assembly concerning GPS tracking. Requires the Division of State Court Administration to create, manage, and maintain an Internet-based registry of protective orders.

Other bills of interest:

Limited liability for certain asbestos claims
S.E.A. 469, P.L. 134
Effective July 1, 2009

Eminent domain and acquisition of public utility property
H.E.A. 1278, P.L. 172
Effective May 13, 2009 (§ 7); July 1, 2009 (§ 1-6; 8)

The rights of owners in coal lands
H.E.A. 1487, P.L. 94
Effective July 1, 2009