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36-9-36-52. Foreclosure actions; complaint; proof

IN Code § 36-9-36-52 (2019) (N/A)
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Sec. 52. (a) The complaint for a foreclosure action under this chapter need not set forth the specific proceedings leading to the final assessment. However, the complaint must include the following information:

(1) The date on which the contract for the improvement was finally let.

(2) The name of the improvement.

(3) The amount and date of the assessment.

(4) A statement that the assessment is unpaid.

(5) A description of the property on which the assessment was levied.

(b) At the trial of a foreclosure action, the plaintiff is not required to introduce proof of the proceedings before the works board leading to the final assessment. However, the plaintiff must introduce the final assessment roll or a copy of the final assessment roll. The final assessment roll or the copy of the final assessment roll must be properly certified.

(c) The final assessment roll or the copy is presumptive evidence that the works board took all actions required to be taken in making the final assessment.

As added by P.L.98-1993, SEC.7.

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36-9-36-51. Foreclosure actions by contractors
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36-9-36-53. Foreclosure actions; defenses