Ind. Code § 32-30-10-10
Mutually exclusive actions
As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.
A plaintiff may not:
(1) proceed to foreclose the mortgagee's mortgage:
- (A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;
- (B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or
- (C) until the notice under IC 32-30-10.5-8 (a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5 ; or
(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.
[Pre-2002 Recodification Citation: 32-15-6-7.]
As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.