Section 32-30-10.6-4 - Court's order to show cause; contents; appearance date; right to present evidence or objections; right to counsel(a) Upon receiving a request for a determination of abandonment from a creditor through a petition or motion filed with the court and served on the required parties in accordance with section 3 of this chapter, the court shall issue an order to show cause as to why the property should not be found to be abandoned and a judgment in rem foreclosing the mortgage entered and directing the petitioner, the debtor, and any other person or party the court considers appropriate to appear before the court on a date and time specified in the order under subdivision (1). The court's order under this subsection must do the following: (1) Direct the parties subject to the order to appear before the court on a date and time specified by the court. The date specified under this subdivision must not be: (A) earlier than fifteen (15) days; or(B) later than twenty-five (25) days; after the date of the court's order under this section.
(2) Notify the parties subject to the order that any party ordered to appear: (A) may present evidence or objections on the issue of abandonment to the court:(i) in writing before the appearance date specified by the court under subdivision (1); or(ii) in writing or by oral testimony on the date and at the time specified by the court under subdivision (1); in the manner specified by the court; and
(B) has the right to be represented by an attorney when appearing before the court.(3) Notify the parties subject to the order that if a party fails to:(A) submit written evidence or objections to the court before the appearance date specified by the court under subdivision (1); or(B) appear before the court on the date and at the time specified by the court under subdivision (1); the party's failure to submit evidence or objections or to appear before the court will result in a finding of abandonment and the entry of an in rem judgment foreclosing the mortgage by the court.
(b) A party subject to an order issued by the court under this section has the following rights, as described in the court's order under subsection (a): (1) The right to present evidence or objections on the issue of abandonment to the court: (A) in writing before the appearance date specified in the court's order under subsection (a)(1); or(B) in writing or by oral testimony on the date and at the time specified in the court's order under subsection (a)(1); in the manner specified by the court.
(2) The right to be represented by an attorney when appearing before the court.Amended by P.L. 247-2015, SEC. 33, eff. 5/6/2015, retroactive.Amended by P.L. 203-2013, SEC. 22, eff. 7/1/2013.Added by P.L. 102-2012, SEC. 4, eff. 3/16/2012.