Citations Affected: IC 6-1.1.
Synopsis: Property tax sales. Authorizes a county commission, through
the adoption of a resolution, to sell the tax sale certificate for a tax
delinquent property at a price less than the minimum price if the
property has not sold for the minimum price at two tax sales. Provides
that the proceeds from the 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, 2002.
January 8, 2002, read first time and referred to Committee on Local Government.
January 28, 2002, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
of sale shall be published in accordance with IC 5-3-1. The notice
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 prescribed by section 5(e) of this chapter. Sales under this section must be completed before January 1, 2005.
(c) If a person purchases a certificate of sale under this section and petitions for a deed for the tract or item of real property covered by a certificate of sale as required by IC 6-1.1-25, the 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 direct 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 after 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 the deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(d) 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.
SECTION 2. IC 6-1.1-25-7, AS AMENDED BY P.L.139-2001, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) If the purchaser, or the purchaser's successors or assigns, fails to file the petition within the period provided in section 4.6 of this chapter, the purchaser's lien against the real property terminates at the end of that period. However, this section does not apply if:
(1) the county or city is the holder of the certificate of sale; or
(2) the county has sold the certificate of sale under IC 6-1.1-24-6.2.
(b) If the notice under section 4.5 of this chapter is not given within the period specified in section 4.5(a)(3) of this chapter, the purchaser's lien against the real property terminates at the end of that period.