Title 32, PROPERTY

Sec. 1. (a) As used in this chapter, "strip mine" means a tract of land on which the surface soil has been removed or is being removed or is proposed to be removed from the coal seam by one (1) group of operating machines or machinery and where mine run coal is being produced in …

Sec. 2. (a) A person employed and working in and about a strip mine has a lien on: (1) the strip mine; (2) all machinery and fixtures connected with the strip mine; and (3) everything used in and about the strip mine; for labor performed within a two (2) month period preceding th…

Sec. 1. As used in this chapter, "series mortgage" means any mortgage, indenture of trust, or trust deed executed to create a lien on any property, whether real or personal or both, in Indiana to secure one (1) or more series of bonds, notes, or debentures. The term applies witho…

Sec. 2. As used in this chapter, "final maturity date of the series mortgage" means the maturity date of the last to mature of the bonds, notes, or debentures secured by a series mortgage, as the maturity date is shown of record in the original security instrument or in a supplem…

Sec. 3. As used in this chapter, "original security instrument" means the original instrument or indenture executed to evidence a series mortgage. [Pre-2002 Recodification Citation: 32-8-19-1(c).] As added by P.L.2-2002, SEC.14.

Sec. 4. As used in this chapter, "supplemental indenture" means an instrument or indenture executed to supplement the original security instrument, defining one (1) or more series of bonds, notes, or debentures secured, or to be secured, by the series mortgage, specifying propert…

Sec. 5. Notwithstanding any other Indiana statute: (1) the lien of a series mortgage expires ten (10) years after the final maturity date of the series mortgage; and (2) an action may not be commenced in an Indiana court to enforce or to foreclose the lien of a series mortgage mo…

Sec. 6. Notwithstanding any other Indiana statute, the lien of a series mortgage may not be impaired or injured by the passage of time other than as provided in section 5 of this chapter. [Pre-2002 Recodification Citation: 32-8-19-3.] As added by P.L.2-2002, SEC.14.

Sec. 0.2. The: (1) amendments made to IC 34-1-53-10 (before its repeal, later codified at IC 32-15-6-10 (before its repeal), now codified at section 12 of this chapter); and (2) addition of IC 34-1-53-12 (before its repeal, later codified at IC 32-15-6-12 (before its repeal), now…

Sec. 1. As used in this chapter, "auctioneer" means an auctioneer licensed under IC 25-6.1. [Pre-2002 Recodification Citation: 32-15-6-6.5 part.] As added by P.L.2-2002, SEC.15.

Sec. 10. A plaintiff may not: (1) proceed to foreclose the mortgagee's mortgage: (A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage; (B) while the plaintiff is seeking to obtain execution of any judgment in any othe…

Sec. 11. (a) If: (1) a complaint is filed for the foreclosure of a mortgage; (2) any interest or installment of the principal is due, but no other installments are due; and (3) the defendant pays the court the principal and interest due, with costs, at any time before final judgm…

Sec. 12. (a) In cases under this chapter, the court shall ascertain whether the property can be sold in parcels. If the property can be sold in parcels without injury to the interest of the parties, the court shall direct that only as much of the premises be sold as will be suffi…

Sec. 13. If an execution is issued on a judgment recovered for a debt secured by mortgage of real property, the plaintiff shall endorse on the execution a brief description of the mortgaged premises. However, the equity of redemption may not be sold on the execution of judgment. …

Sec. 14. The proceeds of a sale described in IC 32-29-7 or section 8 or 12(b) of this chapter must be applied in the following order: (1) Expenses of the offer and sale, including expenses incurred under IC 32-29-7-4 or section 9 of this chapter (or IC 34-1-53-6.5 or IC 32-15-6-6…

Sec. 2. For purposes of section 9 of this chapter, the sale of a property through the services of an auctioneer is "economically feasible" if the court determines that: (1) a reasonable probability exists that, with the use of the services of an auctioneer, a valid and enforceabl…

Sec. 3. (a) Subject to IC 32-30-10.5 with respect to mortgage transactions described in IC 32-30-10.5-5, if a mortgagor defaults in the performance of any condition contained in a mortgage, the mortgagee or the mortgagee's assigns may proceed in the circuit court, superior court,…

Sec. 4. If there is not an express agreement in the mortgage or a separate instrument for the payment of the sum secured by the mortgage, the remedy of the mortgagee is confined to the property mortgaged. [Pre-2002 Recodification Citation: 32-15-6-2.] As added by P.L.2-2002, SEC.…

Sec. 5. In rendering judgment of foreclosure, the courts shall: (1) give personal judgment against any party to the suit liable upon any agreement for the payment of any sum of money secured by the mortgage; and (2) order the mortgaged premises, or as much of the mortgaged premis…

Sec. 6. Upon: (1) the foreclosure of a recorded mortgage in a court of any county having jurisdiction in Indiana; and (2) the payment and satisfaction of the judgment as may be rendered in the foreclosure proceeding; the prevailing party shall immediately after satisfaction of th…

Sec. 7. If there is an express written agreement for the payment of the sum of money that is secured by a mortgage or a separate instrument, the court shall direct in the order of sale that the balance due on the mortgage and costs that may remain unsatisfied after the sale of th…

Sec. 8. (a) The copy of the court's order of sale and judgment shall be issued and certified by the clerk under the seal of the court to the sheriff. (b) After receiving the order under subsection (a), the sheriff shall proceed to sell the mortgaged premises, or as much of the mo…

Sec. 9. (a) A sheriff shall sell property on foreclosure in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer and sale. (b) Upon prior petition of the debtor or a creditor involved in the foreclosure proce…

Sec. 1. This chapter applies to an eviction action regardless of when the eviction action is originally filed. As added by P.L.164-2022, SEC.2.

Sec. 2. For purposes of this chapter: (1) the definitions in IC 32-31-3 apply; and (2) "eviction action" means: (A) an action for possession of the rental premises (as defined in IC 32-31-7-3), including a petition for an emergency possessory order under IC 32-31-6; or (B) an act…

Sec. 3. The plaintiff in an eviction action shall file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication of the action, unless the plaintiff is seeking damages, including the retention of the tenant's security deposit…

Sec. 4. (a) If, at any time after the filing of an eviction action, no action has been taken by the plaintiff to further prosecute the case for a period of at least one hundred eighty (180) days, the court shall send to the parties written notice: (1) informing the parties of the…

Sec. 5. (a) As used in this section, "residential eviction diversion program" refers to any: (1) preeviction diversion program; (2) landlord-tenant settlement conference; or (3) similar program affecting residential evictions or the possession of residential rental property; that…

Sec. 6. (a) This section applies to: (1) the Indiana housing and community development authority in its role in distributing rental assistance funds made available by the federal government in response to the coronavirus disease (COVID-19) pandemic; and (2) any political subdivis…

Sec. 1. As used in this chapter, "construction machinery and equipment" includes all classes and types of machinery and equipment used in road construction, road maintenance, earth moving, and building construction work. [Pre-2002 Recodification Citation: 32-8-31-2(c).] As added …

Sec. 10. This chapter may not be construed to repeal, modify, or amend IC 9-22-6-1 or IC 9-22-6-2. [Pre-2002 Recodification Citation: 32-8-31-7.] As added by P.L.2-2002, SEC.18. Amended by P.L.125-2012, SEC.409.

Sec. 2. As used in this chapter, "farm machinery" means all types of tractors, implements, and machinery used in the operation and maintenance of farms. [Pre-2002 Recodification Citation: 32-8-31-2(d).] As added by P.L.2-2002, SEC.18.

Sec. 3. (a) As used in this chapter, "motor vehicle" means every vehicle and device in, upon, or by which persons or property is, or may be, moved, transported, or drawn upon public highways. (b) The term includes: (1) self-propelled vehicles; and (2) vehicles and devices drawn o…

Sec. 4. As used in this chapter, "person" includes a natural person, a firm, a copartnership, an association, a limited liability company, a corporation, and a political subdivision. [Pre-2002 Recodification Citation: 32-8-31-2(a).] As added by P.L.2-2002, SEC.18. Amended by P.L.…

Sec. 5. (a) A person engaged in: (1) towing, repairing, storing, servicing, or furnishing supplies or accessories for motor vehicles, airplanes, construction machinery and equipment, and farm machinery; or (2) maintaining a motor vehicle garage, an airport or repair shop for airp…

Sec. 6. (a) A person seeking to acquire a lien upon a motor vehicle, an airplane, a unit of construction machinery and equipment, or farm machinery, whether the claim to be secured by the lien is then due or not, must file in the recorder's office of the county where: (1) the tow…

Sec. 7. (a) The recorder of the county where a notice of intention to hold a lien is filed under section 6 of this chapter shall record the lien in the manner provided by law for the recording of mechanic's liens. (b) The recorder shall receive a fee in accordance with IC 36-2-7-…

Sec. 8. (a) A lien provided for in this chapter may be foreclosed, as equitable liens are foreclosed, in the circuit or superior court of the county where the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery is located. (b) The complaint fo…

Sec. 9. In a suit brought for the enforcement of a lien under section 8 of this chapter in which the plaintiff recovers judgment in any sum, the plaintiff may also recover reasonable attorney's fees as a part of the judgment in the action. [Pre-2002 Recodification Citation: 32-8-…

Sec. 0.2. The addition of IC 32-8-40 (before its repeal, now codified in this chapter) by P.L.110-2001 applies to all watercraft located on the property of a marina after January 1, 2001. As added by P.L.220-2011, SEC.529.

Sec. 1. As used in this chapter, "marina operator" means a person, a firm, a corporation, a limited liability company, a municipality, or another unit of government that is engaged in the business of operating a marina. [Pre-2002 Recodification Citation: 32-8-40-1.] As added by P…

Sec. 2. A marina operator may: (1) sell a watercraft that has been left without permission at the marina for more than six (6) months; and (2) recover the operator's reasonable maintenance, repair, dockage, storage, and other charges if the conditions set forth in section 3 of th…

Sec. 3. The minimum six (6) month period specified in section 2 of this chapter begins the day written notice is sent by the marina operator to the last known address of the owner of the watercraft or personally delivered to the owner of the watercraft. If the notice is mailed, t…

Sec. 4. To sell a watercraft and recover charges under section 2 of this chapter, a marina operator must do all of the following: (1) Perform a search of watercraft titles for the name and address of the owner of the watercraft and the name and address of any person holding a lie…

Sec. 5. Upon payment of the bid price by the purchaser, the marina operator shall provide the purchaser with the affidavit of sale described in this chapter. [Pre-2002 Recodification Citation: 32-8-40-5.] As added by P.L.2-2002, SEC.19.

Sec. 6. The affidavit of sale under this chapter constitutes proof of ownership and right to possession under IC 9-17. [Pre-2002 Recodification Citation: 32-8-40-6.] As added by P.L.2-2002, SEC.19. Amended by P.L.198-2016, SEC.663.