Sec. 53. (a) A defense to a foreclosure action may not be based on any of the following:

(1) Any irregularity in the proceedings making, ordering, or directing the assessment.

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Terms Used In Indiana Code 36-9-36-53

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) The propriety or expediency of any improvement.

     (b) A property owner may not raise any defense to a foreclosure action if the owner has done the following:

(1) Exercised the option to pay the owner’s assessment in installments.

(2) Signed a waiver.

As added by P.L.98-1993, SEC.7.