Consumer FAQ

The below is provided for informational purposes only and is not intended to represent a legal opinion or legal advice and in no way establishes an attorney-client relationship. If you have any legal-related questions, Doyle & Foutty, P.C. encourages you to seek your own legal counsel.

 

1) I’m currently represented by an attorney (for Bankruptcy or otherwise), but I’d like to talk to someone at your office. Can someone please call me back?

 

If you are currently represented by an attorney, for bankruptcy or in the matter in which you have questions about, we cannot speak with you directly. Please communicate with your attorney directly and he or she can then contact our office to discuss your questions and concerns.

 

 

2) I filed Bankruptcy and now I’m receiving paperwork on a foreclosure matter. Why is this happening?

 

Even when a property is surrendered, either through a Chapter 7 or Chapter 13 Bankruptcy, the mortgage company is still required to file a foreclosure action with the proper Indiana Court and notify all the proper parties who have an interest in order to transfer title from your name either to the bank or to a third party purchaser. The Court pleadings will reference your Bankruptcy filing accordingly. If not, please notify our office immediately with the Bankruptcy and attorney contact information. Please contact your bankruptcy attorney if you have further questions.

 

 

3) I’m trying to reinstate or payoff my mortgage. Can I pay with cash or personal check?

 

Reinstatement and payoff funds sent to our firm must be made payable to your mortgage company and we request certified funds only (certified check, bank check or money order). Our office will not accept cash or personal checks. Please contact our office for a reinstatement or payoff quote before attempting to submit funds to reinstate or payoff your loan. If you are paying off the loan by refinancing, you may be able to wire the funds as well. Please contact our office for further information.

 

 

4) I’ve received a Foreclosure Complaint. What should I do?

 

Our office represents your mortgage company in the foreclosure action therefore we cannot provide you with legal advice. If you have questions concerning any legal paperwork you have received, we encourage you to seek your own legal counsel.

 

 

5) What are the steps to an Indiana foreclosure?

 

There are five main steps to foreclosure in Indiana. The first step is the filing of the foreclosure Complaint. Secondly, all of the Defendants must be properly notified of the foreclosure action and given the opportunity to respond. Upon the expiration of that time period, the third step is to request a Judgment from the Court. Once a Judgment is granted, the fourth step is to request that the County Sheriff schedule and conduct a Sheriff’s Sale. The final step of the process is for the Sheriff to execute and record the Sheriff’s Deed in order to transfer title from the borrower’s name and into the name of the party who purchases the property at Sheriff’s Sale (this may either be the bank or a third party purchaser).

 

 

6) I am unable to save my property from foreclosure. When should I vacate the premises?

 

A Sheriff Sale is a public auction therefore anyone can purchase the property at the Sheriff’s Sale, not just the bank. If the property is occupied after the sale occurs, either the bank or third party purchaser may begin eviction proceedings.

 

 

 

7) I am interested in a property currently scheduled for Sheriff’s Sale. Can I talk to someone about purchasing it before the Sheriff’s public auction?

 

Title to foreclosed properties does not transfer until the Sheriff’s Sale is held. Our client, the bank, does not have the ability to sell any property until it becomes the titled owner. You may contact the Sheriff’s Department for instructions on bidding at their sale.