Loans From Fund; Nonpayment; Suit for Collection

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Sec. 12. Whenever:

(1) the auditor of state has made loans from the fund that were secured by a mortgage upon real property;

(2) the mortgaged premises are forfeited to the state for nonpayment of the amount due or are purchased for the state by the auditor of state for the benefit of the fund; and

(3) the mortgaged premises when sold fail to sell for a sum sufficient to satisfy the principal and interest of the loan and damages;

the auditor of state shall bring suit on the note executed by the mortgagor for the deficiency, for which the maker is liable. If judgment is rendered on the suit, an appraisement of property is not allowed on the execution issued on the judgment.

[Pre-2007 Higher Education Recodification Citation: 21-7-2-1 part.]

As added by P.L.2-2007, SEC.244.


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