Sec. 12. (a) In cases under this chapter, the court shall ascertain whether the property can be sold in parcels. If the property can be sold in parcels without injury to the interest of the parties, the court shall direct that only as much of the premises be sold as will be sufficient to pay the amount due on the mortgage, with costs, and the judgment shall remain and be enforced upon any subsequent default, unless the amount due is paid before execution of the judgment is completed.
(b) If the mortgaged premises cannot be sold in parcels, the court shall order the whole mortgaged premises to be sold.
[Pre-2002 Recodification Citations: 32-15-6-9; 32-15-6-10.]
As added by P.L.2-2002, SEC.15.
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