Ind. Code § 32-30-10-10

Mutually exclusive actions

Applied in 1 court decision — leading case Royal Palm Corporate Center Ass'n v. PNC Bank, NA (2012)

Most recently applied in Royal Palm Corporate Center Ass'n v. PNC Bank, NA (March 2012)

As added by P.L.2-2002, SEC.15

Sec. 10. A plaintiff may not:

(1) proceed to foreclose the mortgagee's mortgage:

(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;

(B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or

(C) until the notice under IC 32-30-10.5-8(a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5; or

(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.