Section 32-30-10.6-3 - Abandonment determination; petition by creditor or enforcement authority(a) At any time during a mortgage foreclosure action, the creditor may petition the court for a determination that the mortgaged property is abandoned. A petition filed with the court under this section must:(1) allege that the mortgaged property is abandoned; and(2) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply. A petition under this section shall be served on the debtor in the manner prescribed by the Indiana Rules of Trial Procedure.
(b) At any time during a mortgage foreclosure action, the enforcement authority that has jurisdiction in the location of the mortgaged property may petition the court for a determination that the mortgaged property is abandoned by filing a motion to intervene in the foreclosure action in the manner prescribed by the Indiana Rules of Trial Procedure. The motion to intervene must: (1) include a statement of the enforcement authority's jurisdiction in the location of the mortgaged property;(2) allege that the mortgaged property is abandoned; and(3) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.Added by P.L. 102-2012, SEC. 4, eff. 3/16/2012.