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Ind. Code § 32-30-10-14

Application of proceeds of sale; disposition of excess proceeds

Applied in 2 court decisions — leading case First Federal Savings Bank v. Hartley (2003)

Most recently applied in Merrillville 2548, Inc. v. BMO Harris Bank N.A. (June 2015)

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

Sec. 14. The proceeds of a sale described in IC 32-29-7 or section 8 or 12(b) of this chapter must be applied in the following order:

(1) Expenses of the offer and sale, including expenses incurred under IC 32-29-7-4 or section 9 of this chapter (or IC 34-1-53-6.5 or IC 32-15-6-6.5 before their repeal).

(2) The payment of the principal due, interest, and costs not described in subdivision (1).

(3) The residue secured by the mortgage and not due.

(4) If the residue referred to in subdivision (3) does not bear interest, a deduction must be made by discounting the legal interest.

In all cases in which the proceeds of sale exceed the amounts described in subdivisions (1) through (4), the surplus must be paid to the clerk of the court to be transferred, as the court directs, to the mortgage debtor, mortgage debtor's heirs, or other persons assigned by the mortgage debtor.

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