Sec. 10. A plaintiff may not:
(1) proceed to foreclose the mortgagee's mortgage:
(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;
(B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or
(C) until the notice under IC 32-30-10.5-8(a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5; or
(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.
[Pre-2002 Recodification Citation: 32-15-6-7.]
As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 10. Mortgage Foreclosure Actions
32-30-10-0.2. Application of Certain Amendments to Prior Law
32-30-10-1. "Auctioneer" Defined
32-30-10-2. "Economically Feasible"; Required Findings
32-30-10-3. Mortgagee's Right to Foreclose if Mortgagor Defaults; Venue
32-30-10-5. Judgment of Foreclosure; Personal Judgment; Sale of Property
32-30-10-6. Satisfaction of Judgment; Recording; Recorder's Fee
32-30-10-7. Balance Due and Costs That Remain Unsatisfied Levied on Any Property of Debtor
32-30-10-9. Manner of Sale; Use of Auctioneer; Auctioneer's Fee
32-30-10-10. Mutually Exclusive Actions
32-30-10-12. Sale of Property in Parcels
32-30-10-13. Endorsement of an Execution Issued on a Judgment
32-30-10-14. Application of Proceeds of Sale; Disposition of Excess Proceeds