AN ACT to amend the Indiana Code concerning property.
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial prospects,
if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems; and
(K) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) the victim of a crime; or
(iii) a family member of a correctional officer or the victim
of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption or patient
medical records, shall be made available for inspection and copying
seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
foreclosure, to own, manage, operate, hold, clear, improve, and
rehabilitate such real property and sell, assign, exchange, transfer,
convey, lease, mortgage, or otherwise dispose of or encumber
such real property where such use of real property is necessary or
appropriate to the purposes of the authority;
(7) to sell, at public or private sale, all or any part of any mortgage
or other instrument or document securing a construction loan, a
land development loan, a mortgage loan, or a loan of any type
permitted by this chapter;
(8) to procure insurance against any loss in connection with its
operations in such amounts and from such insurers as it may deem
necessary or desirable;
(9) to consent, subject to the provisions of any contract with
noteholders or bondholders which may then exist, whenever it
deems it necessary or desirable in the fulfillment of its purposes
to the modification of the rate of interest, time of payment of any
installment of principal or interest, or any other terms of any
mortgage loan, mortgage loan commitment, construction loan,
loan to lender, or contract or agreement of any kind to which the
authority is a party;
(10) to enter into agreements or other transactions with any
federal, state, or local governmental agency for the purpose of
providing adequate living quarters for such persons and families
in cities and counties where a need has been found for such
housing;
(11) to include in any borrowing such amounts as may be deemed
necessary by the authority to pay financing charges, interest on
the obligations (for a period not exceeding the period of
construction and a reasonable time thereafter or if the housing is
completed, two (2) years from the date of issue of the
obligations), consultant, advisory, and legal fees and such other
expenses as are necessary or incident to such borrowing;
(12) to make and publish rules respecting its lending programs
and such other rules as are necessary to effectuate the purposes of
this chapter;
(13) to provide technical and advisory services to sponsors,
builders, and developers of residential housing and to residents
and potential residents, including housing selection and purchase
procedures, family budgeting, property use and maintenance,
household management, and utilization of community resources;
(14) to promote research and development in scientific methods
of constructing low cost residential housing of high durability;
liability companies, and organizations for the construction,
rehabilitation, or acquisition of residential facilities for children;
(26) to purchase or participate in the purchase of mortgage loans
from:
(A) public utilities (as defined in IC 8-1-2-1); or
(B) municipally owned gas utility systems organized under
IC 8-1.5;
if those mortgage loans were made for the purpose of insulating
and otherwise weatherizing single family residences in order to
conserve energy used to heat and cool those residences;
(27) to provide financial assistance to mutual housing
associations (IC 5-20-3) in the form of grants, loans, or a
combination of grants and loans for the development of housing
for low and moderate income families;
(28) to service mortgage loans made or acquired by the authority
and to impose and collect reasonable fees and charges in
connection with such servicing;
(29) subject to the authority's investment policy, to enter into
swap agreements (as defined in IC 8-9.5-9-4) in accordance with
IC 8-9.5-9-5 and IC 8-9.5-9-7;
(30) to promote and foster community revitalization through
community services and real estate development;
(31) to coordinate and establish linkages between governmental
and other social services programs to ensure the effective delivery
of services to low income individuals and families, including
individuals or families facing or experiencing homelessness;
(32) to cooperate with local housing officials and plan
commissions in the development of projects that the officials or
commissions have under consideration;
(33) to prescribe, in accordance with IC 32-30-10.5-10(i), a list
of documents that must be included as part of a debtor's loss
mitigation package in a foreclosure action filed under
IC 32-30-10.5 after June 30, 2011;
(33) (34) to take actions necessary to implement its powers that
the authority determines to be appropriate and necessary to ensure
the availability of state or federal financial assistance; and
(34) (35) to administer any program or money designated by the
state or available from the federal government or other sources
that is consistent with the authority's powers and duties.
The omission of a power from the list in this subsection does not imply
that the authority lacks that power. The authority may exercise any
power that is not listed in this subsection but is consistent with the
powers listed in this subsection to the extent that the power is not
expressly denied by the Constitution of the State of Indiana or by
another statute.
(b) The authority shall ensure that a mortgage loan acquired by the
authority under subsection (a)(3) or made by a mortgage lender with
funds provided by the authority under subsection (a)(4) is not
knowingly made to a person whose adjusted family income, as
determined by the authority, exceeds one hundred twenty-five percent
(125%) of the median income for the geographic area involved.
However, if the authority determines that additional encouragement is
needed for the development of the geographic area involved, a
mortgage loan acquired or made under subsection (a)(3) or (a)(4) may
be made to a person whose adjusted family income, as determined by
the authority, does not exceed one hundred forty percent (140%) of the
median income for the geographic area involved. The authority shall
establish procedures that the authority determines are appropriate to
structure and administer any program conducted under subsection
(a)(3) or (a)(4) for the purpose of acquiring or making mortgage loans
to persons of low or moderate income. In determining what constitutes
low income, moderate income, or median income for purposes of any
program conducted under subsection (a)(3) or (a)(4), the authority shall
consider:
(1) the appropriate geographic area in which to measure income
levels; and
(2) the appropriate method of calculating low income, moderate
income, or median income levels including:
(A) sources of;
(B) exclusions from; and
(C) adjustments to;
income.
(c) The authority, when directed by the governor, shall administer
programs and funds under 42 U.S.C. 1437 et seq.
(d) The authority shall identify, promote, assist, and fund:
(1) home ownership education programs; and
(2) mortgage foreclosure counseling and education programs
under IC 5-20-6;
conducted throughout Indiana by nonprofit counseling agencies that the
authority has certified, or by any other public, private, or nonprofit
entity in partnership with a nonprofit agency that the authority has
certified, using funds appropriated under section 27 of this chapter. The
attorney general and the entities listed in IC 4-6-12-4(a)(1) through
IC 4-6-12-4(a)(10) shall cooperate with the authority in implementing
this subsection.
(e) The authority shall:
(1) oversee and encourage a regional homeless delivery system
that:
(A) considers the need for housing and support services;
(B) implements strategies to respond to gaps in the delivery
system; and
(C) ensures individuals and families are matched with optimal
housing solutions;
(2) facilitate the dissemination of information to assist individuals
and families accessing local resources, programs, and services
related to homelessness, housing, and community development;
and
(3) each year, estimate and reasonably determine the number of
the following:
(A) Individuals in Indiana who are homeless.
(B) Individuals in Indiana who are homeless and less than
eighteen (18) years of age.
(C) Individuals in Indiana who are homeless and not residents
of Indiana.
potential foreclosure prevention agreement with the debtor to
whom the documents apply.
with the division of state court administration, shall prescribe
language for the notice required under subsection (c)(2) to be
included on the first page of the summons that is served on the
debtor in a foreclosure action filed after June 30, 2011. The
language must convey the same information as the form prescribed
by the authority under subsection (c)(1) for foreclosure actions
filed after June 30, 2009, but before July 1, 2011. The authority
shall make the language prescribed under this subsection available
on the authority's Internet web site. A creditor complies with
subsection (c)(2) in a foreclosure action filed after June 30, 2011,
if the creditor includes on the first page of the summons served on
the debtor:
(1) the language that is prescribed by the authority under this
subsection and made available on the authority's Internet web
site; or
(2) language that conveys the same information as the
language that is prescribed by the authority under this
subsection and made available on the authority's Internet web
site.
for the parties; or
(2) an attorney trust account;
as directed by the court. The funds held by the clerk or in an
attorney trust account under this subsection may not be disbursed
unless the court issues an order for their disbursement.
(d) If the debtor and the creditor agree to enter into a
foreclosure prevention agreement under section 10(e) of this
chapter at any time after the debtor has made payments under an
order issued by the court under subsection (b), the debtor is
entitled to a credit of any amounts paid under the order.
(e) In an action to which this section applies, if:
(1) a judgment of foreclosure is issued by the court after the
conditions set forth in section 9 of this chapter are met;
(2) the debtor and the creditor agree to a deed in lieu of
foreclosure; or
(3) the debtor otherwise forfeits the dwelling that is the
subject of the mortgage upon which the action is based;
the debtor is not entitled to a refund of any payments made under
an order issued by the court under subsection (b), and any amounts
held in trust by the clerk of the court or in an attorney trust fund
shall be disbursed to the creditor and credited against the amount
of the judgment entered against the debtor or the amount
otherwise owed by the debtor.
agreement.
(2) Encourage the debtor to contact a mortgage foreclosure
counselor before the date of the settlement conference. The notice
must provide the contact information for the Indiana Foreclosure
Prevention Network.
(3) Require the debtor to bring to the settlement conference the
following documents needed to engage in good faith negotiations
with the creditor: (A) Documentation of the debtor's present and
projected future income, expenses, assets, and liabilities,
including documentation of the debtor's employment history. (B)
Any other documentation or information that the court determines
is needed for the debtor to engage in good faith negotiations with
the creditor. The court shall identify any documents required
under this clause with enough specificity to allow the debtor to
obtain the documents before the scheduled settlement conference.
do the following:
(A) In the case of a foreclosure action filed after June 30,
2011, provide, not later than a date specified in the order,
which date must be the date that is thirty (30) days before
the date of the settlement conference specified by the court
under subdivision (1), a copy of the debtor's loss mitigation
package to the following:
(i) The creditor's attorney, as identified by the creditor
in the complaint, at the address specified in the
complaint.
(ii) The court, at an address specified by the court.
In setting forth the requirement described in this clause,
the court shall reference the listing that must be included
as an attachment to the notice under subdivision (8), and
shall direct the debtor to consult the attachment in
compiling the debtor's loss mitigation package.
(B) Bring the following to the settlement conference:
(i) In the case of a foreclosure action filed after June 30,
2009, but before July 1, 2011, documents needed to
engage in good faith negotiations with the creditor,
including documentation of the debtor's present and
projected future income, expenses, assets, and liabilities
(including documentation of the debtor's employment
history), and any other documentation or information
that the court determines is needed for the debtor to
engage in good faith negotiations with the creditor. The
court shall identify any documents required under this
item with enough specificity to allow the debtor to obtain
the documents before the scheduled settlement
conference.
(ii) In the case of a foreclosure action filed after June 30,
2011, the debtor's loss mitigation package.
Any document submitted to the court under this subdivision
as part of the debtor's loss mitigation package is confidential
under IC 5-14-3-4(a)(13).
(4) Require the creditor to do the following:
(A) In the case of a foreclosure action filed after June 30,
2011, send to the debtor, by certified mail and not later
than a date specified in the order, which date must be the
date that is thirty (30) days before the date of the
settlement conference specified by the court under
subdivision (1), the following transaction history for the
mortgage:
(i) A payment record substantiating the default, such as
a payment history.
(ii) An itemization of all amounts claimed by the creditor
as being owed on the mortgage, such as an account
payoff statement.
If the creditor provides evidence that the transaction
history required by this clause was sent by certified mail,
return receipt requested, it is not necessary that the debtor
accept receipt of the transaction history for an action to
proceed as allowed under this chapter.
(B) Bring the following to the settlement conference: the
following transaction history for the mortgage:
(A) (i) A copy of the original note and mortgage.
(B) (ii) A payment record substantiating the default, such as
a payment history.
(C) (iii) An itemization of all amounts claimed by the
creditor as being owed on the mortgage, such as an account
payoff statement.
(D) (iv) Any other documentation that the court determines
is needed.
(5) Inform the parties that:
(A) each party has the right to be represented by an attorney or
assisted by a mortgage foreclosure counselor at the settlement
conference; and
(B) subject to subsection (b), an attorney or a mortgage
foreclosure counselor may participate in the settlement
conference in person or by telephone.
(6) Inform the parties that the settlement conference will be
conducted at the county courthouse, or at another place
designated by the court, on the date and time specified in the
notice under subdivision (1) unless the parties submit to the court
a stipulation to:
(A) modify the date, time, and place of the settlement
conference; or
(B) hold the settlement conference by telephone at a date and
time agreed to by the parties.
(7) In the case of a foreclosure action filed after June 30, 2011,
inform the parties of the following:
(A) That if the parties stipulate under subdivision (6) to
modify the date of the settlement conference:
(i) the debtor must provide the debtor's loss mitigation
package to the creditor and to the court, as described in
subdivision (3), at least thirty (30) days before the
settlement conference date, as modified by the parties;
and
(ii) the creditor must send to the debtor, by certified
mail, the transaction history described in subdivision
(4)(A) at least thirty (30) days before the settlement
conference date, as modified by the parties.
(B) That if the parties stipulate under clause (B) subdivision
(6)(B) to conduct the settlement conference by telephone, the
parties shall ensure the availability of any technology needed
to allow simultaneous participation in the settlement
conference by all participants.
(8) In the case of a foreclosure action filed after June 30, 2011,
include as an attachment the loss mitigation package listing
prescribed by the authority under subsection (i).
(b) An attorney for the creditor shall attend the settlement
conference, and an authorized representative of the creditor shall be
available by telephone during the settlement conference. In addition,
the court may require any person that is a party to the foreclosure
action to appear at or participate in a settlement conference held under
this section, chapter, and, for cause shown, the court may order the
creditor and the debtor to reconvene a settlement conference at any
time before judgment is entered. Any:
(1) costs to a creditor associated with a settlement conference
under this chapter; or
(2) civil penalty imposed on a creditor by the court in
connection with a violation of a court order issued in the case;
may not be charged to or collected from the debtor, either directly
or indirectly.
(c) At the court's discretion, a settlement conference may or may not
be attended by a judicial officer.
(d) The creditor shall ensure that any person representing the
creditor:
(1) at a settlement conference scheduled under subsection (a);
this section; or
(2) in any negotiations with the debtor designed to reach
agreement on the terms of a foreclosure prevention agreement;
has authority to represent the creditor in negotiating a foreclosure
prevention agreement with the debtor.
(e) If, as a result of a settlement conference held under this section,
chapter, the debtor and the creditor agree to enter into a foreclosure
prevention agreement, the agreement shall be reduced to writing and
signed by both parties, and each party shall retain a copy of the signed
agreement. Not later than seven (7) business days after the signing of
the foreclosure prevention agreement, the creditor shall file with the
court a copy of the signed agreement. At the election of the creditor,
the foreclosure shall be dismissed or stayed for as long as the debtor
complies with the terms of the foreclosure prevention agreement.
(f) If, as a result of a settlement conference held under this section,
chapter, the debtor and the creditor are unable to agree on the terms of
a foreclosure prevention agreement:
(1) the creditor shall, not later than seven (7) business days after
the conclusion of the settlement conference, file with the court a
notice indicating that the settlement conference held under this
section chapter has concluded and a foreclosure prevention
agreement was not reached; and
(2) the foreclosure action filed by the creditor may proceed as
otherwise allowed by law, subject to the court's right under
subsection (b) to order the creditor and the debtor to
reconvene a settlement conference at any time before
judgment is entered.
(g) If:
(1) a foreclosure is dismissed by the creditor under subsection (e)
after a foreclosure prevention agreement is reached; and
(2) a default in the terms of the foreclosure prevention agreement
later occurs;
the creditor or its assigns may bring a foreclosure action under
IC 32-30-10-3 with respect to the mortgage that is the subject of the
foreclosure prevention agreement without sending the notices
described in section 8 of this chapter.
(h) Participation in a settlement conference under this section
chapter satisfies any mediation or alternative dispute resolution
requirement established by court rule.
(i) Not later than June 1, 2011, the authority shall prescribe a
list of documents that must be included as part of a debtor's loss
mitigation package in a foreclosure action filed after June 30, 2011.
In prescribing the list of documents required by this subsection, the
authority:
(1) shall require those documents that:
(A) provide information about a debtor's present and
projected future income, expenses, assets, and liabilities;
and
(B) are necessary for a creditor to make underwriting
decisions or other determinations in connection with a
potential foreclosure prevention agreement with the debtor
to whom the documents apply; and
(2) may amend the list:
(A) in response to changes in any federal loan modification
programs; or
(B) as otherwise determined to be necessary by the
authority.
The authority shall make the list prescribed under this subsection
available on the authority's Internet web site. The division of state
court administration shall make the list prescribed under this
subsection available on the Internet web site maintained by the
state's judicial branch. If the authority determines that an
amendment to the list is necessary under subdivision (2), the
authority shall notify the division of state court administration of
the amendment as soon as practicable before the amendment takes
effect and shall update the list on the authority's Internet web site
not later than the effective date of the amendment. Upon receiving
notice of an amendment to the list from the authority, the division
of state court administration shall update the list on the Internet
web site maintained by the state's judicial branch not later than the
effective date of the amendment.
jurisdiction over the proceeding has not rendered a judgment of
foreclosure before July 1, 2009.
(b) In a mortgage foreclosure action to which this section applies,
the court having jurisdiction of the action shall serve notice of the
availability of a settlement conference under section 8(c) of this
chapter. The notice required by this section must inform the debtor
that the debtor:
(1) has the right to participate in a settlement conference,
subject to section 9(b) of this chapter; and
(2) may schedule a settlement conference by notifying the
court, not later than thirty (30) days after the notice required
by this section is served, of the debtor's intent to participate
in a settlement conference.
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21) not distributed under subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor fifty percent (50%) of the child abuse prevention fees collected
under IC 33-37-4-1(b)(7). The county auditor shall deposit fees
distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the sexual assault victims assistance
account established by IC 5-2-6-23(h) one hundred percent (100%) of
the sexual assault victims assistance fees collected under
IC 33-37-5-23.
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the city
or town fiscal officer for deposit in the city or town general fund.
(m) The clerk of the circuit court shall distribute semiannually to the
auditor of state for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
following:
(1) The mortgage foreclosure counseling and education fees
collected under IC 33-37-5-30 (before its expiration on January
1, 2013).
(2) Any civil penalties imposed and collected by a court for a
violation of a court order in a foreclosure action under
IC 32-30-10.5.
barred by an automatic stay issued by a bankruptcy court.
Sec. 6. For purposes of this chapter, a tax sale certificate holder
or an applicant for a tax deed who performs an act described in
section 5 of this chapter with respect to the real property for which
the person holds the tax sale certificate or has applied for the tax
deed, is not considered to be the owner of that real property if:
(1) the only connection the person has to the property is the
tax sale certificate or the fact that the person has applied for
a tax deed; and
(2) the only consideration the person receives for the act is the
possibility of receiving a tax deed to the property in the
future.
committee under subsection (b), the committee may consult with
or solicit testimony from the following in conducting the study
described in subsection (b):
(1) The office of the attorney general, the department of
financial institutions, the Indiana housing and community
development authority, the chief justice of the Indiana
supreme court, the division of state court administration, any
judicial officer or other court personnel of a circuit or
superior court, or any officer or employee of the executive or
judicial branch.
(2) Creditors in mortgage transactions and attorneys who
represent creditors in mortgage foreclosure actions.
(3) Debtors in mortgage transactions and attorneys who
represent debtors in mortgage foreclosure actions.
(4) Real estate brokers and salespersons licensed under
IC 25-34.1.
(5) Consumer advocates or consumer advocacy organizations.
(6) Mortgage foreclosure counselors.
(7) Academics.
(8) Officials from other states.
(9) Any other person whom the committee chair determines
to have appropriate expertise.
(e) If the topics described in subsection (b) are assigned under
subsection (b) to a committee other than the commission on courts,
the committee shall, not later than November 1, 2011, issue a final
report to the legislative council concerning the findings and
recommendations of the committee on the topics described in
subsection (b). If the topics described in subsection (b) are assigned
under subsection (b) to the commission on the courts, the
commission shall include its findings and recommendations
concerning the topics described in subsection (b) in its report to the
general assembly under IC 33-23-10-7(5) that is due not later than
November 1, 2011.
(f) This SECTION expires December 31, 2011.