Ind. Marion Cnty. Civ. Local Rule LR 49-TR 85 Rule 229

MORTGAGE

1. Findings

A. In order to avoid confusion as to rights and procedures concerning settlement agreements

in residential mortgage foreclosures, the Marion Circuit and Superior Courts find that LR

231 should be amended.

B. The Courts further find that prohibiting the filing of dispositive motions until settlement

discussions have been completed is necessary for the full utilization of the Foreclosure

Prevention Agreements for Residential Mortgages Act IN Code 32-30-10.5-1 et seq.

(Act), conservation of judicial resources and avoidance of unnecessary legal expenses.

C. The Courts find that this Rule will promote the purposes of the Act as set forth at IN

Code 32-30-10.5-1.

2. Upon the filing of a foreclosure action covered by the Act, the plaintiff may not file a Motion

of Default Judgment or for Summary Judgment against the debtor until the expiration of the

time for requesting a settlement conference; or in the event of a timely request for a

settlement conference; until the creditor files a notice with the Court as required by either

section 10 (e) or 10 (f) of the Act, provided that the creditor may file such motions if the

settlement conference is not scheduled or is vacated by the court pursuant to section 9 (b) of

the Act.

3. Upon the debtor’s request for a settlement conference, the Court will automatically enlarge

debtor’s time to file a responsive pleading until twenty (20) days after the creditor files a

notice as required by either section 10 (e) or (f). In the event that the court vacates the

settlement conference pursuant to section 9(b) of the Act, the period of enlargement will be

modified to twenty (20) days after the date the conference was vacated.

4. This rule shall be applied prospectively to actions filed after October 5, 2009.

MARION SUPERIOR COURT