Indiana Code 32-30-3-6 provides that a court may not issue an order of possession in favor of a plaintiff, other than an order of final judgment, until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court, binding the plaintiff to the defendant in an amount sufficient to assure the payment of any damages the defendant may suffer if the court wrongfully ordered possession of the property to the plaintiff. There is no statutory schedule and no fixed figure: the judge sets the number case by case, informed by the estimated value and estimated rental value the plaintiff pleaded under IC 32-30-3-1. The related sections are IC 32-30-3-2 (order to show cause), IC 32-30-3-3 (possession before the hearing on probable cause of destruction, harm, or sale to an innocent purchaser), IC 32-30-3-5 (the prejudgment order), IC 32-30-3-7 (the order served by the sheriff, with your undertaking attached, and the defendant’s right to except to the surety), and IC 32-30-3-8 (the defendant’s counter-undertaking to have possession returned). Take the amount from the court’s order, not from an estimate — the clerk will reject an undertaking written for the wrong sum.

What the immediate possession undertaking actually guarantees

You need this bond if you are

Immediate possession undertakings issue right after purchase for most applicants. Your executed bond and power of attorney will arrive by email, ready to file so the court can approve the surety and issue the order of possession.

2% of the bond amount, $100 minimum: the IN court undertaking under IC 32-30-3-6 that lets a plaintiff take possession of real estate before judgment.

Indiana Immediate Possession Bond (Real Estate)

Indiana - Immediate Possession Real Estate Program

Final premium can vary based on underwriting factors

How this works?

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Clear pricing.Instant issuance.