PROPOSED ORDER (for the judge) PROPOSED ORDER (for the judge) ORDER GRANTING MOTION TO VACATE VOID JUDGMENT
The Court, having reviewed Defendant’s Motion under Trial Rule 60(B)(6), now finds:
- The Court lacked personal jurisdiction over Defendant because service of process was not perfected under the Indiana Trial Rules.
- The Default Judgment and Decree of Foreclosure is therefore VOID.
- All subsequent enforcement actions, including the Writ of Assistance, are similarly VOID.
IT IS THEREFORE ORDERED:
A. The Default Judgment entered May 28, 2025 is VACATED.
B. Enforcement of the Writ of Assistance is STAYED and declared VOID.
C. This case is reopened for further proceedings.
SO ORDERED.
Judge, Marion Superior Court 3
Date: ___________