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32-18-1-3. Trustee; duties on execution of assignment; bond

IN Code § 32-18-1-3 (2019) (N/A)
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Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file a copy of the assignment and schedule in the office of the clerk of the circuit court of the county in which the debtor resides. The trustee shall state under oath, before execution of the trust:

(1) that the trustee will faithfully execute the trust, and the property assigned has been actually delivered into the trustee's possession for the uses declared in the assignment; and

(2) what the probable value of the assigned property is.

(b) The trustee shall, at the time the assignment and schedule is filed under subsection (a), file with the clerk a written undertaking to the state with at least one (1) sufficient surety. The bond to be approved by the clerk:

(1) must be in a sum double the amount of the value of the property assigned; and

(2) conditioned for the faithful discharge of the duties of the trustee's trust.

The bond must be for the use of a person injured by the action of the trustee.

[Pre-2002 Recodification Citation: 32-12-1-3.]

As added by P.L.2-2002, SEC.3.

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32-18-1-2. Filing indenture of assignment with county recorder; description of property; oaths of assignor
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32-18-1-4. Circuit court clerk's recording of filing of indenture, schedule, and undertaking