HOUSE BILL No. 1217
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1.
Synopsis: Provides a three year optional tax sale provision for Lake
County. Provides that the county commissioners may adopt a resolution
that a tax sale certificate may be sold at a price less than the minimum
price after the property has not sold for the minimum price at two tax
sales. Provides that the proceeds from a sale are to be allocated on a
pro rata basis among the taxing units and that any credit to the taxing
unit for delinquent taxes is extinguished by the sale.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Ways and Means.
Second Regular Session 111th General Assembly (2000)
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HOUSE BILL No. 1217
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-24-6.2; (00)IN1217.1.1. -->
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 6.2. (a) This section applies to a
county having a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000).
(b) The county commissioners may:
(1) by resolution, identify the property:
(A) described in section 6.7(a) of this chapter; and
(B) concerning which the county commissioners desire to
offer to the public the certificates of sale acquired by the
county under section 6 of this chapter;
(2) set a date, time, and place for a public sale of these
certificates of sale that is not earlier than ninety (90) days
after the public notice; and
(3) sell the certificates of sale covered by the resolution for a
price that is less than the minimum sales price required by
(c) Notice of the list of properties prepared under subsection (b)
and the date, time, and place for the public sale of the certificates
of sale shall be published in accordance with
must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county commissioners will accept
bids for the certificates of sale that are below the minimum sale
price required by this chapter. Sales under this section must be
before January 1, 2003.
(d) If a person purchases a certificate of sale under this section
and has applied for a deed for the tract or item of real property
covered by a certificate of sale as required by
county commissioners, on behalf of the county, shall cause all
delinquent taxes, special assessments, penalties, interest, and costs
of sale to be removed from the tax duplicate and the county auditor
to prepare a deed transferring the property to the purchaser. A tax
deed executed under this section vests in the grantee an estate in
fee simple absolute, free and clear of all liens and encumbrances
created or suffered before or after the tax sale except those liens
granted priority under federal law and the lien of the state or a
political subdivision for taxes and special assessments that accrue
subsequent to the sale and that are not removed under this
subsection. However, the estate is subject to all easements,
covenants, declarations, and other deed restrictions and laws
governing land use, including all zoning restrictions and liens and
encumbrances created or suffered by the purchaser at the tax sale.
The deed is prima facie evidence of:
(1) the regularity of the sale of the real property described in
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(e) Upon the issuance of a deed under this section, the county
auditor shall allocate the proceeds to each affected taxing unit in
proportion to the delinquent taxes due each taxing unit, and any
credit to the taxing unit under section 6 of this chapter is canceled.
SOURCE: IC 6-1.1-25-7; (00)IN1217.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) The holder of a
certificate of sale, or his successors or assigns, shall have the county
auditor execute a deed to the real property within two (2) years after the
date of the sale. If the purchaser, or his successors or assigns, fails to
have the county auditor execute a deed within that time period, the
purchaser's lien against the real property terminates at the end of the
time period. However, this section does not apply if the county or city
is the holder of the certificate of sale. This section does apply if the
county has sold the certificate of sale under
(b) If the purchaser does not provide notice prior to the expiration
of the period of redemption as specified in
purchaser's lien against the real property terminates thirty-one (31) days
after the expiration of the redemption period.