EFFECTIVE JULY 1, 2009

MORTGAGE FORECLOSURES
Senate Enrolled Act 492 

• Adds a $50 mortgage foreclosure counseling and education fee that the clerk must collect from a party filing an action to foreclose a mortgage after June 30, 2009 and before January 1, 2013.
• Requires the plaintiff (creditor) to send a Pre-Suit Notice by certified mail to the defendant (debtor) at least 30 days before filing a foreclosure action.  The plaintiff must file a copy of the Pre-Suit Notice with its foreclosure complaint. 
• Requires the plaintiff (creditor) to include another notice with the complaint that tells the defendant (debtor) about his/her right to a foreclosure prevention settlement conference.  The Settlement Conference Notice must be served on the defendant with the foreclosure complaint and summons.

Indiana Foreclosure Prevention Network web site:
Instructions
Pre-Suit Notice
Settlement Conference Notice

Click here to read the letter from the Allen Circuit and Superior Courts informing the law firms of the changes in procedure for mortgage foreclosure actions filed after June 30, 2009 in Allen County.

ESTATES, GUARDIANSHIPS, AND TRUSTS
House Enrolled Act 1287 

• Changes the mailing requirements for opening an estate or guardianship from certified mail to first class postage prepaid mail.  The personal representative or attorney shall furnish sufficient copies of the notice, prepared for mailing (e.g., pre-addressed envelopes or labels), and the clerk of the court shall mail the notice upon the issuance of letters.

Revised Forms for Use AFTER June 30, 2009:
Notice of Supervised Administration (to be Mailed to a Distributee or a Creditor)
Notice of Unsupervised Administration to be Mailed to a Distributee
Notice of Unsupervised Administration to be Mailed to a Creditor
Notice of Filing of Petition for Appointment of Guardian and Hearing

• Adds a new chapter on funeral planning declaration, IC 29-2-19. Under IC 29-2-19-19, an action to contest the validity of any declaration made under this chapter must be:
  (1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7;
  (2) filed in the circuit court of the county in which the declarant's remains are located;
  (3) expedited on the docket of the circuit court as a matter requiring priority; and
  (4) accompanied by a bond, cash deposit, or other surety sufficient to guarantee that the hospital, nursing home, funeral home, or other institution holding the declarant's remains is compensated for the storage charges incurred while the action is pending.
• Involves various other probate and trust issues, including numerous changes and additions to the power of attorney statutes.

Click here to access the Enrolled Acts from the 2009 Regular Session of the Indiana General Assembly