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  • Writer's pictureBrandon Hicks

Protecting Your Property: Understanding Foreclosure Mischief Laws in Indiana 35-43-4-9

If you're a homeowner facing the daunting process of foreclosure, you may already be dealing with numerous challenges and uncertainties. The last thing you need is to find yourself entangled in legal troubles due to property damage or vandalism. Understanding Indiana's Foreclosure Mischief laws can help you protect your rights and avoid unnecessary legal issues during these trying times. At B. Hicks Law, we specialize in criminal defense and are here to provide you with the information you need to stay informed and protect your interests.

What Is Foreclosure Mischief?

Foreclosure Mischief is a legal term defined under Indiana Code (IC) 35-43-4-9. This law applies specifically to real property in foreclosure, and it addresses situations where someone knowingly or intentionally damages, permanently removes an object from, or defaces real property during foreclosure proceedings. The law is in place to safeguard the rights and property of homeowners facing foreclosure.

Understanding Key Definitions

To fully grasp Foreclosure Mischief, it's crucial to understand the key definitions outlined in the law:

Real Property in Foreclosure

"Real property in foreclosure" refers to property for which a foreclosure action has been filed or joined by a person having a security interest in the property, typically to secure a mortgage, a land contract, or a similar agreement. This definition excludes property subject to foreclosure actions brought by other types of security interests unless it is also covered by one of the mentioned agreements.

Damages, Permanently Removes an Object From, or Defaces Real Property

This refers to any act that results in damage or defacement of the real property in question. This includes damaging fixtures, components or subsystems of the heating, ventilation, or air conditioning system, wiring, pipes, plumbing systems, structure (including the roof and foundation), windows, floors, ceilings, walls, doors, landscaping, or any unattached structures on the property.

Penalties for Foreclosure Mischief

Foreclosure Mischief in Indiana is considered a criminal offense and carries various penalties based on the extent of the damage caused:

  • Class B Misdemeanor: If the pecuniary loss is below $750.

  • Class A Misdemeanor: If the pecuniary loss is at least $750 but less than $50,000.

  • Level 6 Felony: If the pecuniary loss is at least $50,000.

Legal Defenses

A critical aspect of the law is the provision for legal defenses. If you can demonstrate that any damage, removal, or defacement was a result of repair, renovation, replacement, or maintenance performed in good faith, you may have a valid defense against prosecution under this law. This means that homeowners who engage in necessary property upkeep during foreclosure proceedings should not be unfairly penalized.

Protecting Your Rights with B. Hicks Law

At B. Hicks Law, we understand the challenges homeowners face during foreclosure. Our experienced team is dedicated to providing the legal support and guidance you need to navigate these challenging times. If you ever find yourself facing allegations related to Foreclosure Mischief, it's crucial to consult with a qualified attorney who can protect your rights and interests.

Protect your property, understand the law, and trust B. Hicks Law for your criminal defense needs. Contact us today to learn more about how we can help you through these difficult times.

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