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Pre-foreclosure Notice Required By SB 492

Pre-Suit Notice (UPDATED FORM)

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 www.ihcda.in.gov and www.877gethope.org. Under Indiana law, lenders must adopt this Notice no later than January 1, 2011.

Settlement Conference Notice (UPDATED FORM)

In conjunction with revising the Pre-Suit Notice in accordance with the change in Indiana law, 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 a year 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 (a) were easier to understand, and (b) were more distinguishable from the other documents served upon the homeowner in the foreclosure action.  The revised Settlement Conference Notice attempts to address both concerns.  The “legalese” has been reduced, hopefully to a minimum, and important sections are now in red type, with the hope of catching the homeowner’s eye.  While many had suggested solving the problem of distinction by prescribing that the Settlement Conference Notice be printed on a sheet of colored paper, IHCDA determined that colored type would be more in accord with the decorum of the Notice and be less burdensome on those printing the Notice than requiring special paper.

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 January 1, 2011.

Instructions

Please see below for instructions for the Pre-Suit Notice and Settlement Conference 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.

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