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Fixing or Selling After the Derecho in Gary? The Paperwork Clock Runs Out First

"Is there any damage due to wind, flood, termites or rodents?"

That question is printed on Indiana's seller disclosure form, State Form 46234. Most years in Gary, owners check "No" and keep going. Since August 11, 2026, a lot of owners can no longer answer it that way.

The derecho that day cut power to nearly 400,000 NIPSCO customers across Northwest Indiana. It was the largest outage in the utility's history, and in Gary more than 38,000 customers went two weeks without power, some of them three. By August 18, city teams had reviewed nearly 2,100 damage sites and service requests. More than 80 percent involved fallen trees and blocked roads, and the damage was concentrated in Glen Park, Miller/Aetna, Midtown, and Tolleston. The Gary Crusader reported homes under trees on New Hampshire Avenue near Route 20 and trees on rooftops along Oak Lane Avenue in Miller.

If you own one of those houses and you're weighing a repair against a sale, the timing works like this. Insurance, FEMA, SBA, and the disclosure form all touch a sale. The FEMA and SBA deadlines come first, on October 25, which is 20 days from today.

The disclosure form asks about the storm whether you repaired or not

Indiana law, IC 32-21-5, generally requires sellers of one- to four-unit homes to fill out State Form 46234. The seller has to complete and sign it and give it to the buyer before an offer is accepted.

The roof section asks two direct questions: "Does the roof leak?" and "Is there present damage to the roof?" A separate line asks about damage due to wind. The electrical section lists switches, outlets, light fixtures, and service amperage. A weatherhead torn loose by the storm falls there.

Three instructions on the form matter most after a storm:

  • Sellers must "report all known conditions affecting the property, regardless of how you know about them or when you learned."
  • If something changes after you submit the form, you have to notify any potential buyer in writing right away.
  • At or before closing, you either disclose any material change in the home's condition or certify that it's substantially the same as when you gave the buyer the form.

That third point is where people get caught. Say you list in October with a tarp on the roof and a tree limb on the garage. Then a contractor does part of the work before closing. The form has to match the house on closing day, so the repair becomes something you update in writing.

The form defines a "defect" as a condition that would significantly hurt the home's value, significantly affect the health or safety of future occupants, or shorten the home's normal life if not fixed. Most storm damage that hasn't been repaired fits that definition.

Some transfers don't need the form at all. The exemptions include court-ordered transfers such as estate administration, foreclosure sales, and divorce decrees. They also cover transfers by an estate or trust fiduciary, transfers between co-owners, transfers to a spouse or lineal relative, and transfers to a living trust. If your sale falls into one of those categories, ask your attorney or title company how storm damage gets handled instead.

Why Oct. 25 matters even if you plan to sell

FEMA announced a major disaster declaration on August 25 that made Lake County eligible for Individual Assistance. That can include home repair grants and help with uninsured losses. The Indiana Department of Homeland Security's disaster page, updated October 1, lists Oct. 25 as the deadline to apply for FEMA Individual Assistance. The deadline for SBA physical-damage disaster loans is the same date.

The order matters. FEMA's guidance says to file your insurance claim first, because FEMA can't pay for losses your insurance already covers. FEMA also has to confirm you own the home before it pays home repair assistance. If you might sell before a payment arrives or before repairs are finished, bring that up with FEMA directly.

If selling is a real possibility, this order keeps the most options open:

  1. File your homeowners insurance claim and keep the claim number, photos, and adjuster notes together.
  2. Apply to FEMA before Oct. 25 at DisasterAssistance.gov, or by phone at 1-800-621-3362.
  3. Keep every storm receipt. FEMA says its grants don't have to be repaid if you use them for the disaster-related purpose they were given for.
  4. Decide on an SBA loan with the sale in mind. SBA's collateral-release instructions say that in most cases SBA expects a payment from net sale proceeds before it releases its lien, and nothing is approved until SBA commits in writing.
  5. Tell your insurer if you list the house. United Policyholders, a national consumer group, says selling before repairs doesn't usually end a claim. Who gets the money depends on the policy, the sales contract, and any written assignment.

That last step is general guidance, not an Indiana rule. If you plan to hand the claim to a buyer, put it in writing and get it reviewed first. If you have a mortgage, check whether your lender is named on claim checks. United Policyholders' explanation of how lenders hold and release claim money is based on California mortgage documents, so read your own paperwork.

What each program means for a sale

Program What it covers Status as of Oct. 5, 2026 What it means at a sale
FEMA Individual Assistance Uninsured damage to a primary home, personal property, emergency needs Apply by Oct. 25 Ownership is verified before repair aid
SBA disaster home loan Physical damage to the home Apply by Oct. 25 Lien release usually requires a payment from sale proceeds
Indiana State Disaster Relief Fund Uninsured eligible losses at a primary residence, up to $5,000 Application open; no closing date listed State may audit the award for up to three years
Homeowners insurance Whatever your policy covers Check your policy's deadlines Claim generally survives a sale; contract terms decide who gets paid

The State Disaster Relief Fund is run only by the Indiana Department of Homeland Security. It never charges an application fee, and no contractor or third party is approved to apply for you. In-person help has also wound down. Lake County's One-Stop Shop at United Steelworkers Local 1014 in Gary ran through October 2. The state's disaster page listed no One-Stop Shop locations planned for October 3 through 7.

The state also stepped in on coverage for a limited time. Its August 20 update announced a 60-day moratorium on canceling policies for directly affected policyholders and suspended late-payment penalties.

Contractor rules that protect the sale, too

A rushed repair can complicate a sale as much as no repair. Attorney General Todd Rokita's August 16 warning listed red flags: door-to-door pressure to sign, promises that FEMA will pay for everything, offers to handle your insurance claim, large upfront payments, and offers to waive or rebate your deductible.

Indiana law gives homeowners specific protections. Any home repair contract over $150 has to be in writing. Changes need a signed written change order. Homeowners generally have three business days to cancel. Contractors can't act as public adjusters or offer deductible rebates. Those contracts also help when you sell. A signed scope and a final invoice are what you'd use to update a disclosure form and show a buyer what was fixed. You can report suspected scams at IndianaConsumer.com or 1-800-382-5516.

City help that may still be open, and what's ending

Gary hired AshBritt for curbside debris pickup. Thompson Consulting tracks the debris and EGIS helps with damage assessments. The 30-day push started August 26 in South Glen Park and North Miller. The city asked residents to photograph debris piles before pickup, and those photos are worth keeping. The city's recovery page still names North Gleason Park, 301 W. 30th Avenue, as the drop-off site for trees and branches. It says owners are generally responsible for trees on their own property, and that you should report a tree that poses an immediate safety threat.

Two other programs need a phone call before you count on them:

  • Weatherhead Repair Assistance Program through Legacy Foundation. It's for Gary homeowners with a storm-damaged electrical weatherhead that hasn't been repaired, using a participating electrician. There's no income requirement. Call 219-736-1880 to confirm it's still taking applications.
  • City of Gary Derecho Emergency Household Assistance Program with CoAction and Legacy Foundation. It paid $350 per eligible household, or up to $1,000 with documented hardship. Applications were by phone at 219-794-1841. It was announced September 4 with a 30-day application window, and on September 11 the city said the first phase was nearing its close after more than 1,500 applications. Assume it has closed unless the hotline tells you otherwise.

FAQ

Do I have to disclose damage I already repaired? The form asks about present roof damage and about any damage due to wind, and it tells sellers to report all known conditions. If a past repair is related to a known condition, explain it in the comments and attach the contractor paperwork.

I'm selling as part of an estate. Does the disclosure form apply? Transfers by a fiduciary administering an estate and court-ordered estate transfers are on the form's list of exemptions. Confirm with the estate's attorney how the storm damage should be documented.

Can I sell before FEMA pays? Yes, you can, but FEMA has to verify that you own the home before it pays repair assistance. Tell FEMA if you're selling so the application reflects it.

If you've filed your claim, applied to FEMA, and still don't want to take on a roof, a weatherhead, and a pile of contractor bids, Favela Homes buys Gary houses as they are, storm damage included. We'll look at your claim, your aid paperwork, and the house together, and give you a straight number. Se habla español. Get a Cash Offer Now.

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