Indiana Execution for Possession of Real Estate is a legal remedy granted by the court to a judgment creditor when a debtor fails to pay a debt. This remedy allows the judgment creditor to take possession of the debtor's real property located in Indiana and use it to satisfy the debt. There are two types of Indiana Execution for Possession of Real Estate: a writ of possession and a writ of assistance. A writ of possession is a court order directing the sheriff of a county in Indiana to take possession of the debtor’s real property and deliver it to the judgment creditor. A writ of assistance is a court order directing the sheriff to assist the judgment creditor in taking possession of the debtor’s real property.
Indiana Executionfor Possession ofReal Estate
State:
Indiana
Control #:
IN-MCC-502
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PDF
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Executionfor Possession ofReal Estate
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(1) An action charging an executor or administrator, upon any special promise, to answer damages out of the executor's or administrator's own estate. (2) An action charging any person, upon any special promise, to answer for the debt, default, or miscarriage of another.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm.
(1) The defendant may file supporting affidavits with the court. (2) The defendant may appear and present supporting testimony at the hearing on the order to show cause. (3) The defendant may file with the court a written undertaking to stay the delivery of the property under this chapter.
Sec. 17. (a) The clerk of a court shall enter in the civil order book all orders and decrees in any suit to quiet the title to real estate. After a court enters final judgment in a proceeding, the clerk shall certify a copy of the final judgment.
(1) The defendant may file supporting affidavits with the court. (2) The defendant may appear and present supporting testimony at the hearing on the order to show cause. (3) The defendant may file with the court a written undertaking to stay the delivery of the property under this chapter.
Section 32-21-2-3 - Notarial acts; recording requirements; statement of mailing address; translations (a) Any instrument to be recorded must have one (1) of the following notarial acts: (1) An acknowledgment (as defined in IC 33-42-0.5-2) . (2) A proof.
32-28-3-3 Notice of intention to hold lien; filing The statement and notice of intention to hold a lien may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court.
5. (a) An easement that is created after June 30, 1989, must cross-reference the original recorded plat. However, if the real property from which the easement is being created is not platted, the easement must cross-reference the most recent deed of record in the recorder's office.