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Will You Add? - Basic Foreclosure Process/Timing in Indiana
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Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps
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The timing of the foreclosure process largely depends upon whether and to what extent the borrower contests the proceeding:
Uncontested Foreclosure: 4? - 6 months minimum. If a business debtor does not contest foreclosure (but will not agree to a deed in lieu), the process can move relatively quickly. Here are the major steps and applicable ranges of time:
1. Filing of the Complaint
2. Service of process on the debtor: occurs in 5-10 days unless service by publication
3. Application for default judgment: can be sought 21-24 days after service of process
4. Entry of default judgment and decree of foreclosure: should occur within approximately 30 days after the Application is filed
5. Praecipe for Sheriff’s sale, including notice of same: by statute, cannot be filed until 3 months after the Complaint
6. Sheriff’s sale: happens about 45-90 days from Praecipe, depending on the county
Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps t
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The timing of the foreclosure process largely depends upon whether and to what extent the borrower contests the proceeding:
Uncontested Foreclosure: 4? - 6 months minimum. If a business debtor does not contest foreclosure (but will not agree to a deed in lieu), the process can move relatively quickly. Here are the major steps and applicable ranges of time:
1. Filing of the Complaint
2. Service of process on the debtor: occurs in 5-10 days unless service by publication
3. Application for default judgment: can be sought 21-24 days after service of process
4. Entry of default judgment and decree of foreclosure: should occur within approximately 30 days after the Application is filed
5. Praecipe for Sheriff’s sale, including notice of same: by statute, cannot be filed until 3 months after the Complaint
6. Sheriff’s sale: happens about 45-90 days from Praecipe, depending on the county
Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps
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1. Filing of the Complaint
2. Service of process on the debtor: occurs in 5-10 days unless service by publication
3. Application for default judgment: can be sought 21-24 days after service of process
4. Entry of default judgment and decree of foreclosure: should occur within approximately 30 days after the Application is filed
5. Praecipe for Sheriff’s sale, including notice of same: by statute, cannot be filed until 3 months after the Complaint
6. Sheriff’s sale: happens about 45-90 days from Praecipe, depending on the county
Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps
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4. Entry of default judgment and decree of foreclosure: should occur within approximately 30 days after the Application is filed
5. Praecipe for Sheriff’s sale, including notice of same: by statute, cannot be filed until 3 months after the Complaint
6. Sheriff’s sale: happens about 45-90 days from Praecipe, depending on the county
Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps
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Contested Foreclosure: 6-9 months minimum. Given the vagaries of litigation, it’s virtually impossible to conclusively estimate how long a contested foreclosure case may last. Much depends upon how clear the default and the damages are. Perhaps the most significant factor relates to the time associated with workout negotiations. In that regard, each case is different. Here are the main steps of a fairly quick contested foreclosure:
1. Filing of the Complaint
2. Service of process on the debtor: occurs in 5-10 days unless service by publication
3. Appearance of debtor’s attorney and motion for one or more 30-day extensions of time to respond to the Complaint: filed 20-23 days after service of process
4. Answer to Complaint: filed 30 days after filing of Appearance and expiration of last motion for extension
5. Motion for summary judgment: can be filed immediately after the filing of the Answer
6. Objection to motion for summary judgment: due 30 days after the filing of the motion for summary judgment
7. Summary judgment hearing: usually held 75-120 days after the motion is filed
8. Entry of judgment and decree of foreclosure: occurs on day of hearing, or soon thereafter, unless the motion is vigorously contested with viable defenses
9. Praecipe for Sheriff’s sale: can be submitted immediately after the entry of judgment assuming more than 3 months have passed since the complaint was filed
10. Sheriff’s sale: takes place 45-90 days from Praecipe, depending on the county
Judicial
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