Citation | Topic | Requirement |
Property / Ind. Code Ann. §32-30-10.5-8 | Notice of Right to Settlement Conference | If a creditor files an action to foreclose a mortgage, the creditor shall include on the first page of the summons that is served on the debtor in conjunction with the complaint; a notice that informs the debtor of the debtor's right to participate in a settlement conference. The notice must inform the debtor that the debtor may schedule a settlement conference by notifying the court, not later than thirty (30) days after the notice complaint is served on the debtor, of the debtor's intent to participate in a settlement conference. A creditor is not required to send the notice described if: (1) the mortgage is secured by a dwelling that is not occupied by the debtor as the debtor’s primary residence; (2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage. |
First Lien Mortgage Lending Act / Ind. Code Ann. §24-4.4-2-201(1) | Payoff Statement | A mortgage service must provide, in writing, an accurate payoff amount for a first lien mortgage transaction to the debtor not later than 7 business days (excluding legal public holidays, Saturdays, and Sundays) after the mortgage servicer receives the borrower's written request for the accurate payoff amount. A payoff statement must show the date the statement was prepared and itemize the unpaid principal balance and each fee, charge, or other sum included within the payoff amount. |
Property / Ind. Code Ann. §32-30-10.5-8 | Pre-Suite Notice | A lender or servicer must send to the debtor a Pre-Suit Notice, not later than 30 days prior to filing a complaint in a foreclosure action. A creditor is not required to send the notice described if: (1) the mortgage is secured by a dwelling that is not occupied by the debtor as the debtor’s primary residence; (2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or (3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage. |
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