Foreclosure Pre-Suit & Settlement Conference Notice
Foreclosure Pre-Suit Notice
On March 17, 2010, Governor Daniels signed into law House Enrolled Act No. 1122. Section 3 of HEA 1122 requires that IHCDA revise the Pre-Suit Notice required under IC §32-30-10.5-8. Under IC §32-30-10.5-8, a lender must send a homeowner a Pre-Suit Notice on a form prescribed by IHCDA at least thirty (30) days prior to filing a foreclosure action against the homeowner.
To provide ample lead time to lenders to adopt the revised Pre-Suit Notice, IHCDA now posts a FINAL version of the Pre-Suit Notice, as revised to comply with the terms of HEA 1122, at http://www.877GetHope.org. Under Indiana law, lenders must adopt this Notice no later than January 1, 2011.
Please see below for instructions for the Pre-Suit Notice. Although IHCDA has provided instructions for completing and sending the Notices, these are not to be construed as legal advice and do not replace or supersede the provisions of IC 32-30-10.5-8 or other applicable law.
Revised Foreclosure Pre-suit Notice
The effective date to begin using this revised notice is December 1, 2015.
Foreclosure Settlement Conference Notice
On May 10, 2011, Governor Daniels signed into law Senate Enrolled Act No. 582. Section 8 of SEA 582 requires IHCDA in consultation with the division of state court administration to prescribe new language for the Settlement Conference Notice. IHCDA takes the opportunity to revise the Settlement Conference Notice and prescribe a new version under the authority granted in IC §32-30-10.5-8. The original Settlement Conference Notice was published in July, 2009 after considering the input of a great many parties, none of whom had the benefit of knowing quite how Indiana’s new foreclosure law would work in practice.
Having operated under the new law for nearly two years and received feedback on the Notice, IHCDA recognized that the Settlement Conference Notice was not meeting the legislative intent as well as it could. Feedback consistently indicated that homeowners would be more apt to request settlement conferences if the Notice were located on the first page of the summons that is served to the borrower in a foreclosure action. The new Notice has been written so that the borrower is notified of their right to a settlement conference on the first page of the summons.
To provide ample lead time to lenders to adopt the revised Settlement Conference Notice, IHCDA now posts a FINAL version of the Settlement Conference Notice. Lenders must adopt this Notice no later than July 1, 2011.