State Foreclosure Law

Indiana Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Indiana.

Process
Judicial
Through the court system §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$19,300
Automatic · the rule
Deficiency Judgment
Allowed
Allowed §
33 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about Indiana foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Indiana-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Indiana foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
IC 32-30-10 et seq. Mortgage Foreclosure Judicial foreclosure process, complaint filing, publication, sale procedures, surplus distribution
IC 32-29-7-7; IC 32-29-7-9 Redemption Before the Sale Homeowner can redeem before the Sheriff's sale by paying off the amount due; every sale under the chapter is made without right of redemption
IC 32-30-10.5 Pre-Suit Notice and Settlement Conference Lender must send a pre-suit notice at least 30 days before filing; homeowner's right to request a settlement conference
IC 34-55-10-2(c)(1) Homestead Exemption Homestead exemption of $19,300 for individual debtors

Indiana Foreclosure Process and Your Rights

Indiana uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: Where one interest payment or installment of principal is due and no other installment is due, the borrower can stop the foreclosure by paying the court the principal and interest due, with costs. If that is paid before final judgment, the court must dismiss the case. If it is paid after final judgment, the proceedings on the judgment are stayed, and the stay can be lifted if the borrower later misses another payment (IC 32-30-10-11). If more than one installment is due, this section does not apply by its terms, and whether you can catch up then depends on your mortgage and your lender. §
  • After the sale: No post-sale redemption. Every sale made under IC 32-29-7 is made without right of redemption (IC 32-29-7-9); the homeowner's right to redeem, by paying off the amount due, ends when the property is sold at the Sheriff's sale (IC 32-29-7-7). §
  • Homestead exemption: $19,300
  • Mediation: Indiana has a statewide foreclosure mediation program: the Foreclosure settlement conference. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Indiana foreclosure guide →

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Regulatory Oversight & Complaint Filing

Indiana homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Indiana Department of Financial Institutions (DFI)
File a complaint →
Attorney General — Consumer Protection
Indiana Attorney General — Consumer Protection Division
Consumer protection information →
Housing Finance Agency
Indiana Housing and Community Development Authority (IHCDA)
Phone: 317-232-7777

Special Foreclosure Types in Indiana

Beyond the standard judicial foreclosure process, Indiana law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Indiana HOAs and COAs may enforce assessment liens through judicial foreclosure.
Indiana HOA assessment liens do NOT have super-lien priority over first mortgages.

Lien Priority in Indiana

Indiana follows a race-notice recording statute. A purchaser who records first without actual or constructive notice of a prior unrecorded interest takes priority.

Statute of Limitations in Indiana

Mortgage Foreclosure
10 years §
Actions to foreclose a mortgage in Indiana must be brought within 10 years of the date the cause of action accrued (IC 34-11-2-11). A six-year limit applies to suits on the promissory note behind the mortgage (IC 34-11-2-9; IC 26-1-3.1-118), and the Indiana Supreme Court has held that a lender can sue for a missed payment within six years of that default, can accelerate the debt and sue within six years of the acceleration date, or can opt not to accelerate and sue for the entire amount owed within six years of the note's maturity date (Blair v. EMC Mortgage, LLC, 2020). Lenders who wait to file foreclosure may face limitations defenses.
Written Contracts
10 years §
The 10-year limit covers contracts in writing other than those for the payment of money, including all mortgages other than chattel mortgages (IC 34-11-2-11). An action on a promissory note executed after August 31, 1982 must be brought within six years after the cause of action accrues (IC 34-11-2-9).
Deficiency Judgment
Varies §
In rendering a judgment of foreclosure, an Indiana court gives personal judgment against any party to the suit who is liable for the money secured by the mortgage (IC 32-30-10-5).

Notable Indiana Foreclosure Cases

Key court decisions that have shaped foreclosure law and homeowner protections in Indiana.

CitiMortgage, Inc. v. Barabas
975 N.E.2d 805 (Ind. 2012)
Indiana Supreme Court case in which a second mortgagee foreclosed without notice to the first mortgage holder, Citimortgage. The court held that because Citimortgage never received proper notice of the foreclosure proceeding, the default judgment was void as to Citimortgage's interest in the property, and it ordered the judgment amended so the foreclosing lender took the property subject to Citimortgage's lien.

Probate & Inheritance in Indiana

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Indiana law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If the borrower is deceased, the lender must serve the foreclosure complaint on the personal representative of the estate (Indiana Trial Rule 4.6).
Heir Protections
Heirs who inherit and occupy the property may qualify as successors in interest under CFPB Regulation X (12 CFR 1024.31).

Consumer Protection & Compliance in Indiana

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Indiana.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Indiana Rules of Professional Conduct 7.1-7.3 govern communications about legal services, advertising, and solicitation. §
Lead Generation Restrictions
Indiana's Deceptive Consumer Sales Act (IC 24-5-0.5 et seq.) prohibits unfair, abusive, and deceptive acts in consumer transactions including foreclosure rescue services.

Legal Aid & Pro Bono Resources in Indiana

  • ⚖
    Indiana Legal Services (ILS)
    Area served: Statewide — offices in Indianapolis, Fort Wayne, South Bend, Evansville, Muncie, Bloomington, and Anderson.
    indianalegalservices.org →
  • ⚖
    Legal Aid Society of Tippecanoe County
    Area served: Tippecanoe County (Lafayette) and surrounding northwest-central Indiana.
    tclegalaid.org →
  • ⚖
    Neighborhood Christian Legal Clinic
    Area served: Marion County (Indianapolis) and surrounding central Indiana counties.
    nclegalclinic.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Indiana. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Indiana →
  • 📞
    Indiana Attorney General Homeowner Protection Unit
    The Attorney General's Professional Licensing & Homeowner Protection Unit works to protect homeowners from mortgage fraud and predatory lending. Toll-free: 1-800-382-5516.
    317-232-6330 →
  • 📋
    Indiana State Bar Association — Lawyer Referral Service
    State bar lawyer referral service.
    inbar.org →

Find Help in Indiana

We maintain a verified directory of free and low-cost help providers in Indiana. All are government-approved or federally funded.

19 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 42 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 49 Debtor education providers Required post-filing debtor education courses

Browse all 111 providers in Indiana →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Indiana.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Indiana Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Indiana homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Indiana mainly uses judicial foreclosure (through the courts).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Indiana? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Indiana

General information, not legal advice.

🛟
Free help also exists in Indiana: the Indiana Attorney General Homeowner Protection Unit at 317-232-6330, or a HUD-approved housing counselor at no cost.