Sec. 3. (a) At any time during a mortgage foreclosure action, the creditor may petition the court for a determination that the mortgaged property is abandoned. A petition filed with the court under this section must: (1) allege that the mortgaged property is abandoned; and (2) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply. A petition under this section shall be served on the debtor in the manner prescribed by the Indiana Rules of Trial Procedure. (b) At any time during a mortgage foreclosure action, the enforcement authority that has jurisdiction in the location of the mortgaged property may petition the court for a determination that the mortgaged property is abandoned by filing a motion to intervene in the foreclosure action in the manner prescribed by the Indiana Rules of Trial Procedure. The motion to intervene must: (1) include a statement of the enforcement authority's jurisdiction in the location of the mortgaged property; (2) allege that the mortgaged property is abandoned; and (3) include evidence that one (1) or more of the conditions set forth in section 5(a) or 5(b) of this chapter apply.
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