Indiana Code
Ind. Code § 32-29-8-1 (2026)
Mortgagee or assignee; purchaser at judicial sale
✓ current as of May 2026
Sec. 1. If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant.
[Pre-2002 Recodification Citation: 32-8-17-1 part.]
As added by P.L.2-2002, SEC.14.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2012–2024 · leading case: Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Fin. Grp., LLC, & Rick A. Sanders, 975 N.E.2d 805 (Ind. 2012).
Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Fin. Grp., LLC, & Rick A. Sanders, 975 N.E.2d 805 (Ind. 2012). “Statutory and Constitutional Claims Citimortgage argues that its agent, MERS, enjoys a statutory entitlement to notice under Indiana Code § 32-29-8-1 because it is a “mortgagee.”
Deutsche Bank Nat'l Trust Co. v. Harris, 985 N.E.2d 804 (Ind. Ct. App. 2013). “" Also, Ind.Code § 32-29-8-1 provides that "[i]f a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant,” and Ind.”
M & M Inv. Grp., LLC v. Ahlemeyer Farms, Inc. & Monroe Bank, 994 N.E.2d 1108 (Ind. 2013). “Significant to our decision in Citimortgage was that the foreclosure statutes require "the mortgagee or an assignee shown in the record” to be named as defendants, Ind. Code § 32-29-8-1 (2008), but here notice under the tax sale statutes is only to be sent to the mortgagee, Ind.”
VL Davis Props. v. Deutsche Bank Nat'l Trust Co., as Indenture Tr., on behalf (Ind. Ct. App. 2024). “See Ind. Code § 32-29-8-1 (“If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant.”
Deutsche Bank Nat'l Trust Co., as Tr. under the pooling & servicing agreement dated as of Nov. 1, 2002, Morgan Stanley ABS Capital I Inc. Trust 2002-HE3 v. Patricia Harris & Shawn Harris (Ind. Ct. App. 2013). “” Also, Ind. Code § 32-29-8-1 provides that “[i]f a suit is brought to foreclose a mortgage, the 4 On February 24, 2010, the Bank filed a response to Shawn’s more definite statement and his motion to dismiss in which the Bank argued that it is the real party in interest and that…”
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