Indiana House Bill 1238 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Enrolled on February 23 2012 - 75% progression, died in chamber
Action: 2012-03-16 - Signed by the Governor
Text: Latest bill text (Enrolled) [HTML]

Provides a procedure that allows: (1) a creditor in a mortgage; or (2) an enforcement authority with jurisdiction in the location of the mortgaged property; to petition the court having jurisdiction over an existing mortgage foreclosure action to find that the mortgaged property is abandoned. Provides that upon receiving a petition for a determination of abandonment, the court shall issue an order to show cause as to why the property should not be found to be abandoned and to direct the appropriate parties to appear before the court on a date and time specified in the order. Provides that a party subject to the order has the right to: (1) present oral or written evidence or objections on the issue of abandonment to the court; and (2) be represented by an attorney when appearing before the court. Provides that certain specified conditions existing with respect to the mortgaged property constitute prima facie evidence that the property is abandoned. Provides that the debtor's failure to either: (1) present written evidence or objections on the issue of abandonment before the appearance date; or (2) appear before the court on the appearance date; constitutes prima facie evidence that the property is abandoned.

Finding of abandonment for mortgaged property.

Rep. Charles Burton [R]

Rep. Edward Clere [R]

Rep. Gail Riecken [D]

2012-03-06 - House - House - House concurred in Senate amendments (Y: 79 N: 0 NV: 1 Abs: 20) [PASS]
2012-02-23 - Senate - Senate - Third reading: passed (Y: 49 N: 0 NV: 1 Abs: 0) [PASS]
2012-01-30 - House - House - Third reading: passed (Y: 94 N: 0 NV: 1 Abs: 5) [PASS]

Date	Chamber	Action
2012-03-16		Signed by the Governor
2012-03-09		Signed by the President of the Senate
2012-03-08		Signed by the President Pro Tempore
2012-03-07		Signed by the Speaker
2012-03-06		House concurred in Senate amendments; Roll Call 353: yeas 79, nays 0
2012-03-05		House dissented from Senate amendments
2012-02-23		Senator Steele added as cosponsor
2012-02-23		Returned to the House with amendments
2012-02-23		Third reading: passed; Roll Call 239: yeas 49 and nays 0
2012-02-21		Senator Tallian added as cosponsor
2012-02-21		Amendment 1 (Holdman), prevailed; voice vote
2012-02-21		Second reading: amended, ordered engrossed
2012-02-16		Senator Broden added as cosponsor
2012-02-16		Committee report: do pass, adopted
2012-02-01		First reading: referred to Committee on Judiciary
2012-01-30		Senate sponsor: Senator Holdman
2012-01-30		Referred to the Senate
2012-01-30		Third reading: passed; Roll Call 112: yeas 94, nays 0
2012-01-27		Amendment 2 (Burton), prevailed; voice vote
2012-01-27		Second reading: amended, ordered engrossed
2012-01-25		Representatives Clere and Riecken added as coauthors
2012-01-23		Committee report: amend do pass, adopted
2012-01-09		First reading: referred to Committee on Financial Institutions
2012-01-09		Authored by Representative Burton

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2012&session=1&request=getBill&doctype=HB&docno=1238
Text	http://www.in.gov/legislative/bills/2012/IN/IN1238.1.html
Text	http://www.in.gov/legislative/bills/2012/HB/HB1238.1.html
Text	http://www.in.gov/legislative/bills/2012/HB/HB1238.2.html
Text	http://www.in.gov/legislative/bills/2012/EH/EH1238.1.html
Text	http://www.in.gov/legislative/bills/2012/EH/EH1238.2.html
Text	http://www.in.gov/legislative/bills/2012/HE/HE1238.1.html
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Hrollcal/0112.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0239.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Hrollcal/0353.PDF.pdf