New Law Affecting Foreclosures
On July 1, 2009, homeowners facing foreclosure will have the right to participate in a settlement conference with their lender. The purpose of the conference is to permit them to reach an agreement that could prevent foreclosure.
Notice Requirements
This new law requires lenders to send a pre-suit notice to the debtor at least 30 days before filing a foreclosure action. The lender must file a copy of the Pre-Suit Notice with its foreclosure complaint. Lenders must also include another notice with the complaint that tells debtors about their right to a foreclosure prevention settlement conference. The Settlement Conference Notice must be served on the debtor with the foreclosure complaint and summons.
The Settlement Conference Notice directs the debtor to seek legal assistance or assistance from the Indiana Foreclosure Prevention Network (“IFPN”). By signing the Settlement Conference Notice and delivering it to the Court, a debtor is entitled to have a Conference scheduled by Court order.
Best Practices / Resource Material
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