On May 29, 2009, we sent a client advisory to inform you of the Pre-Suit Notice requirement in Indiana. Indiana Senate Bill 0492 provides that in a foreclosure action filed after June 30, 2009, with respect to a first lien residential mortgage transaction, the creditor shall send the debtor a presuit notice, no later than 30 days before filing the action, on a form prescribed by the housing and community development authority. To view a copy of that client advisory, go here.

As promised, here is a copy of the prescribed notice form and instructions for the notices, as approved by the Indiana Housing Authority.

As you may recall, Senate Bill 0492 also requires that a settlement conference notice be filed with the foreclosure complaint. To view a copy of the settlement conference notice, go here.

Please note that you will only be required to send the presuit notices, whereas WWR will send the settlement conference notices once the complaint is filed.

If you have any questions on this information, please contact Mr. Zarksis V. Daroga, Esq. Zarksis is an associate in the Real Estate Default Group of the Cincinnati office focused on foreclosure services for Weltman, Weinberg & Reis Co., L.P.A. He can be reached at (513) 333-4075 or via e-mail at zdaroga@weltman.com.

Client Advisory is published by Weltman, Weinberg & Reis Co., L.P.A., an organization providing comprehensive creditor representation. The information contained in this advisory is a summary of legal information and is not intended to constitute legal advice on specific matters or create an attorney-client relationship. Contact any of our offices or visit our website at realestatedefaultgroup.com for more real estate related information, company facts and attorney profiles. (c) 2009