Section 32-30-10.6-5 - Prima facie evidence of abandonment; order finding abandonment and judgment in rem foreclosing mortgage(a) Subject to subsection (b), for purposes of an abandonment determination under this chapter, one (1) or more of the following constitute prima facie evidence that property is abandoned:(1) The enforcement authority that has jurisdiction in the location of the property has issued an order under IC 36-7-36-9 with respect to the property.(2) Windows or entrances to the property are boarded up or closed off.(3) Multiple window panes on the property are broken and unrepaired.(4) One (1) or more doors to the property are smashed through, broken off, unhinged, or continuously unlocked.(5) Gas service, electric service, water service, or other utility service to the property has been terminated.(6) Rubbish, trash, or debris has accumulated on the property.(7) The property is deteriorating and is either below or in imminent danger of falling below minimum community standards for public safety and sanitation.(8) The creditor has changed the locks on the property and for at least fifteen (15) days after the changing of the locks the owner has not requested entrance to the property.(9) There exist one (1) or more written statements, including documents of conveyance, that have been executed by the debtor, or by the debtor's personal representatives or assigns, and that indicate a clear intent to abandon the property.(10) There exists other evidence indicating a clear intent to abandon the property.(b) Regardless of whether any of the conditions described in subsection (a) are found to apply, the debtor's failure to either:(1) present evidence or objections on the issue of abandonment to the court in writing before the appearance date specified in the court's order under section 4(a)(1) of this chapter; or(2) appear before the court on the date specified in the court's order under section 4(a)(1) of this chapter; constitutes prima facie evidence that the property is abandoned.
(c) If the court finds that:(1) one (1) or more of the conditions described in subsection (a) apply; or(2) the circumstances described in subsection (b) apply; the court shall issue an order finding that the property is abandoned and enter a judgment in rem foreclosing the mortgage.
Amended by P.L. 247-2015, SEC. 34, eff. 5/6/2015, retroactive.Amended by P.L. 203-2013, SEC. 23, eff. 7/1/2013.Added by P.L. 102-2012, SEC. 4, eff. 3/16/2012.