IN THE MARION SUPERIOR COURT 3 CAUSE NO. 49D03-2501-MF-002559
[PROPOSED] ORDER VACATING DEFAULT JUDGMENT
This matter, having come before the Court on Defendant’s Motion to Vacate Void Judgment, and the Court being duly advised in the premises, now finds that:
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Service of process was not completed in accordance with Indiana Trial Rule 4.1(B).
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The Default Judgment entered on May 28, 2025, is VOID for lack of personal jurisdiction.
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(Optional) Alternatively, Defendant has established excusable neglect under Trial Rule 60(B)(1).
IT IS THEREFORE ORDERED that the Default Judgment and Decree of Foreclosure are hereby VACATED. The Clerk is ordered to reopen this case. All enforcement actions, including any Writs of Assistance, are STAYED/VOIDED immediately.
SO ORDERED this _____ day of _______________, 2025.
JUDGE, Marion Superior Court 3