This is a short follow-up to my March 19th post: Indiana’s Claims Deadlines Against An Estate Of A Deceased Borrower. As my partner Amy VonDielingen pointed out, an additional statute, Ind. Code 29-1-14-16, has some bearing on foreclosures. The provision, entitled "Liens and mortgages, enforcement; sale of real estate; exception," specifies a waiting period before one can commence a mortgage foreclosure action and requires that the personal representative of the estate be a party to any foreclosure.
The statute does not require a secured lender to timely file a claim in the estate, however, which was one of the matters addressed in my prior post. Amy and I both continue to believe that in rem mortgage foreclosure claims (judgments as to the real estate, not the individual) can be brought outside of probate proceedings.