Indiana Code
Ind. Code § 32-29-8-3 (2026)
Good faith purchaser at judicial sale
✓ current as of May 2026
Sec. 3. A person who:
(1) purchases a mortgaged premises or any part of a mortgaged premises under the court's judgment or decree at a judicial sale or who claims title to the mortgaged premises under the judgment or decree; and
(2) buys the mortgaged premises or any part of the mortgaged premises without actual notice of an assignment that is not of record;
holds the premises free and discharged of the lien.
[Pre-2002 Recodification Citation: 32-8-17-1 part.]
As added by P.L.2-2002, SEC.14. Amended by P.L.130-2012, SEC.6; P.L.189-2013, SEC.2.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2008–2024 · leading case: Citimortgage, Inc. v. Barabas, 950 N.E.2d 12 (Ind. Ct. App. 2011).
Citimortgage, Inc. v. Barabas, 950 N.E.2d 12 (Ind. Ct. App. 2011). “I respectfully dissent from the majority opinion with respect to its application of Ind.Code § 32-29-8-3 and its conclusion that MERS did not have an enforceable right under the mortgage.”
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). “On February 16, 2010, the trial court heard oral argument, and on March 18, it issued an order finding that “pursuant to Indiana Code 32-29-8-2,” Citimortgage was bound by the amended default judgment because its assignment was never properly recorded.”
Citimortgage, Inc. v. Barabas, 955 N.E.2d 260 (Ind. Ct. App. 2011). “On rehearing, Citi first argues that our interpretation of Ind.Code § 32-29-8-3 was erroneous. We agree that the correct interpretation of the statute is that the one-year redemption period begins after the sale of the property, not after Citi first acquired interest in the…”
Indi Investments, LLC v. Credit Union 1, 884 N.E.2d 896 (Ind. Ct. App. 2008). “Code § 32-29-8-3 provides: A person who purchases a mortgaged premises or any part of a mortgaged premises under the court’s judgment or decree at a judicial sale or who claims title to the mortgaged premises under the judgment or decree, buying without actual notice of an…”
VL Davis Props. v. Deutsche Bank Nat'l Trust Co., as Indenture Tr., on behalf (Ind. Ct. App. 2024). “5 We recognize that Davis purchased the property at a Sheriff’s sale and Indiana Code section 32-29-8-3 provides that a person who purchases property at a judicial sale without actual notice of an assignment that is not of record holds the property free and discharged of the…”
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