Sec. 6. At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder thereof may become the purchaser and may apply the amount of his lien on the purchase price in the following manner. If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine into the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of such purchaser for the amount due thereunder and secured thereby as payment pro tanto. If such mortgage, pledge or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which the property is purchased, whether or not such claim was filed or allowed, is insufficient to defray the expenses and discharge his mortgage, pledge or other lien, the purchaser must pay an amount sufficient to pay the balance of such expenses and the amount credited to the payment of his claim shall be reduced accordingly. Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon such mortgage, pledge or other lien.
Formerly: Acts 1953, c.112, s.1506.
Structure Indiana Code
Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property
29-1-15-1. Priorities; Wills; Orders of Court
29-1-15-2. Powers Under Will; Optional Procedure
29-1-15-3. Payment of Claims, Expenses, and Taxes; Distribution of Estate
29-1-15-4. Order Not Granted; Bond Given by Interested Person
29-1-15-6. Purchasers, Mortgagees, Pledgees, or Lienors; Allowance of Claims
29-1-15-7. Collateral Attack; Irregularity in Proceedings
29-1-15-8. Petition; Stock; Bonds; Securities
29-1-15-9. Perishable Properties; Family Allowance; Title to Property; Approval
29-1-15-10. Unit Sales, Mortgages, or Leases
29-1-15-11. Petition; Sale, Mortgage, or Lease of Real Property; Order of Court
29-1-15-12. Conflicting Titles; Process and Notice
29-1-15-14. Fair Market Value; Appraisal; Reappraisal
29-1-15-15. Real Property Sales; Notice
29-1-15-17. Execution of Conveyance or Lease; Certified Copy of Order; Power Given Under Will
29-1-15-18. Forms for Conveyances
29-1-15-19. Irregularity or Defect in Proceedings; Guardians; Good Faith Purchasers
29-1-15-20. Lien of State for Inheritance or Estate Taxes