Indiana Foreclosure Laws: Process, Timeline and Your Rights
Indiana foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Indiana
- Judicial or non-judicial
- Judicial. A lender forecloses by filing a court action; after a judgment and decree of sale, the county sheriff sells the property at a sheriff's sale. Ind. Code §§ 32-29-7-3, 32-30-10.5-8, 32-30-10.5-9
- Time frames set by law
- The pre-suit notice must be sent at least 30 days before filing. A court generally may not enter a foreclosure judgment until at least 60 days after that notice was sent and the settlement-conference requirements are met. Ind. Code §§ 32-30-10.5-8, 32-30-10.5-9, 32-29-7-3
- Redemption after the sale
- Before the sheriff's sale, any owner or part owner may redeem the property from the judgment by paying the judgment, interest and costs to the clerk (before the judgment goes to the sheriff) or to the sheriff (after). Ind. Code §§ 32-29-7-7, 32-30-10.5-8(a)
- Deficiency judgments
- An owner may, with the judgment holder's written consent, waive the waiting period before the sheriff's sale so the sale can proceed immediately; Ind. Code § 32-29-7-5
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Judicial. A lender forecloses by filing a court action; after a judgment and decree of sale, the county sheriff sells the property at a sheriff's sale. Re-verified 2026-10-27. |
|---|---|
| Required notices | At least 30 days before filing a foreclosure, the lender must send the borrower a pre-suit notice by certified mail on a state-prescribed form. It must say the borrower is in default, encourage the borrower to get help from a foreclosure counselor, explain the borrower's rights before a sheriff's sale, give contact information for the Indiana Foreclosure Prevention Network, and include a boldface "NOTICE REQUIRED BY STATE LAW" warning about foreclosure-rescue promises. The first page of the summons must tell the borrower of the right to a settlement conference. Before the sheriff's sale, the sheriff must publish notice once a week for 3 successive weeks, with the first publication at least 30 days before the sale. Re-verified 2026-10-27. |
| Time frames set by law | The pre-suit notice must be sent at least 30 days before filing. A court generally may not enter a foreclosure judgment until at least 60 days after that notice was sent and the settlement-conference requirements are met. For mortgages executed on or after July 1, 1975, the sale order cannot be carried out until 3 months after the complaint was filed (unless the property is found abandoned). Once the judgment is certified to the sheriff, the sale is generally scheduled within 120 days, and the first published notice must be at least 30 days before the sale. Re-verified 2026-10-27. |
| Foreclosure mediation | Yes. In foreclosure cases filed after July 1, 2009, the homeowner has the right to request a settlement conference, a face-to-face meeting with the lender's representative to try to work out an agreement before foreclosure. The homeowner asks for it by notifying the court within 30 days after the complaint is served. If requested, the judge cannot sign the foreclosure order until the conference has occurred, and the lender must send a representative. The homeowner must provide a loss-mitigation packet (financial worksheet, hardship letter and related forms). Pro bono attorneys may be requested through the Indiana Foreclosure Prevention Network. |
After the sale
| Redemption after the sale | Before the sheriff's sale, any owner or part owner may redeem the property from the judgment by paying the judgment, interest and costs to the clerk (before the judgment goes to the sheriff) or to the sheriff (after). If the owner redeems, the sale may not go forward. The pre-suit notice must tell borrowers about this right to redeem before the sheriff's sale. Re-verified 2026-10-27. |
|---|---|
| Deficiency judgments | An owner may, with the judgment holder's written consent, waive the waiting period before the sheriff's sale so the sale can proceed immediately; the consideration for that waiver is the judgment holder's waiver and release of any deficiency judgment against the owner. The general rules on deficiency judgments were not otherwise reviewed. Re-verified 2026-10-27. Source: Ind. Code § 32-29-7-5 |
HOAs, taxes and selling
| Property tax sales | After a county tax sale, property may generally be redeemed within one year after the sale, or within 120 days if sold to a qualified purchasing agency. When the county acquires the lien because the property did not sell, the redemption period is 120 days. There is no right to redeem property that was on the county auditor's vacant and abandoned property list. Re-verified 2026-10-27. Source: Ind. Code § 6-1.1-25-4 |
|---|---|
| Seller disclosure | Yes. The owner must complete and sign the seller's residential real estate disclosure form adopted by the Indiana Real Estate Commission and give it to the prospective buyer before an offer is accepted. The form covers the known condition of the foundation, mechanical systems, roof, structure and water and sewer systems, along with other required disclosures such as known drug-manufacturing contamination, nearby airports or military installations, and flood plain location. Before closing, an accepted offer is not enforceable against the buyer until both sign the form. Re-verified 2026-10-27. |
Getting help
| Free help for homeowners | The Indiana Attorney General and the courts direct homeowners to the Indiana Foreclosure Prevention Network (IFPN) at 1-877-GET-HOPE (1-877-438-4673), which gives guidance and information and can help arrange a pro bono attorney for a settlement conference. The Indiana Housing and Community Development Authority also lists foreclosure prevention counselors. IHCDA counselor page: https://www.in.gov/ihcda/program-partners/foreclosure-prevention-counselors/ |
|---|
Foreclosure & Homeowner Law FAQ
Is Indiana a judicial or non-judicial foreclosure state?
Judicial. A lender forecloses by filing a court action; after a judgment and decree of sale, the county sheriff sells the property at a sheriff's sale.
What notice is required before a foreclosure sale in Indiana?
At least 30 days before filing a foreclosure, the lender must send the borrower a pre-suit notice by certified mail on a state-prescribed form. It must say the borrower is in default, encourage the borrower to get help from a foreclosure counselor, explain the borrower's rights before a sheriff's sale, give contact information for the Indiana Foreclosure Prevention Network, and include a boldface "NOTICE REQUIRED BY STATE LAW" warning about foreclosure-rescue promises. The first page of the summons must tell the borrower of the right to a settlement conference. Before the sheriff's sale, the sheriff must publish notice once a week for 3 successive weeks, with the first publication at least 30 days before the sale.
How long does foreclosure take in Indiana?
The pre-suit notice must be sent at least 30 days before filing. A court generally may not enter a foreclosure judgment until at least 60 days after that notice was sent and the settlement-conference requirements are met. For mortgages executed on or after July 1, 1975, the sale order cannot be carried out until 3 months after the complaint was filed (unless the property is found abandoned). Once the judgment is certified to the sheriff, the sale is generally scheduled within 120 days, and the first published notice must be at least 30 days before the sale.
Is there a right of redemption after foreclosure in Indiana?
Before the sheriff's sale, any owner or part owner may redeem the property from the judgment by paying the judgment, interest and costs to the clerk (before the judgment goes to the sheriff) or to the sheriff (after). If the owner redeems, the sale may not go forward. The pre-suit notice must tell borrowers about this right to redeem before the sheriff's sale.
Can the lender come after you for the rest of the loan after foreclosure in Indiana?
An owner may, with the judgment holder's written consent, waive the waiting period before the sheriff's sale so the sale can proceed immediately; the consideration for that waiver is the judgment holder's waiver and release of any deficiency judgment against the owner.
Does Indiana have a foreclosure mediation program?
Yes. In foreclosure cases filed after July 1, 2009, the homeowner has the right to request a settlement conference, a face-to-face meeting with the lender's representative to try to work out an agreement before foreclosure. The homeowner asks for it by notifying the court within 30 days after the complaint is served. If requested, the judge cannot sign the foreclosure order until the conference has occurred, and the lender must send a representative. The homeowner must provide a loss-mitigation packet (financial worksheet, hardship letter and related forms). Pro bono attorneys may be requested through the Indiana Foreclosure Prevention Network.
What must a home seller disclose in Indiana?
Yes. The owner must complete and sign the seller's residential real estate disclosure form adopted by the Indiana Real Estate Commission and give it to the prospective buyer before an offer is accepted. The form covers the known condition of the foundation, mechanical systems, roof, structure and water and sewer systems, along with other required disclosures such as known drug-manufacturing contamination, nearby airports or military installations, and flood plain location. Before closing, an accepted offer is not enforceable against the buyer until both sign the form.
How do you get your home back after a tax sale in Indiana?
After a county tax sale, property may generally be redeemed within one year after the sale, or within 120 days if sold to a qualified purchasing agency. When the county acquires the lien because the property did not sell, the redemption period is 120 days. There is no right to redeem property that was on the county auditor's vacant and abandoned property list.
Where can homeowners get free foreclosure help in Indiana?
The Indiana Attorney General and the courts direct homeowners to the Indiana Foreclosure Prevention Network (IFPN) at 1-877-GET-HOPE (1-877-438-4673), which gives guidance and information and can help arrange a pro bono attorney for a settlement conference. The Indiana Housing and Community Development Authority also lists foreclosure prevention counselors.
Foreclosure & Homeowner Law in other states
More Indiana law
- Indiana tenant rights & landlord-tenant law
- Indiana small claims court
- Indiana wills, probate & estates
- Indiana protective & restraining orders
- Indiana employment law
- Indiana debt & collections
- Indiana unemployment benefits
- Indiana divorce & family law
- Indiana expungement & criminal records
- Indiana traffic tickets & dui
- Indiana personal injury & wrongful death
- Indiana workers' compensation
- Indiana consumer protection
- Indiana starting an llc & small business
- Indiana bankruptcy
- Indiana car insurance & vehicle laws
- Indiana property tax & homestead exemptions
- Indiana criminal law
- Indiana gun laws
- Find a lawyer or free legal help in Indiana
- All Indiana law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.