MADAM PRESIDENT:
The Senate Committee on Local Government and Elections, to which was referred Senate
Bill No. 555, has had the same under consideration and begs leave to report the same back to
the Senate with the recommendation that said bill be AMENDED as follows:
the name of the state under the county auditor's name. If a certificate of
sale is lost before the execution of a deed, the county auditor shall issue
a replacement certificate if the county auditor is satisfied that the
original certificate existed.
(c) Upon application by the grantee of a valid tax deed in the same
court and under the same cause number in which the judgment of sale
was entered, the court shall enter an order to place the grantee of a
valid tax deed in possession of the real estate. The court may enter any
orders and grant any relief that is necessary or desirable to place or
maintain the grantee of a valid tax deed in possession of the real estate.
(d) Except as provided in subsections (e) and (f), if:
(1) the verified petition referred to in subsection (a) is timely
filed; and
(2) the court refuses to enter an order directing the county auditor
to execute and deliver the tax deed because of the failure of the
petitioner under subsection (a) to fulfill the requirements notice
requirement of this section, subsection (a);
the court shall order the return of the purchase price amount, if any,
by which the purchase price exceeds the minimum bid on the
property under IC 6-1.1-24-5(e) minus a penalty of twenty-five
percent (25%) of the amount of the purchase price. that excess. The
petitioner is prohibited from participating in any manner in the
next succeeding tax sale in the county under IC 6-1.1-24. The
county auditor shall deposit penalties paid under this subsection shall
be deposited in the county general fund.
(e) Notwithstanding subsection (d), in all cases in which:
(1) the verified petition referred to in subsection (a) is timely
filed;
(1) (2) the petitioner under subsection (a) has made a bona fide
attempt to comply with the statutory requirements under
subsection (b) for the issuance of the tax deed but has failed to
comply with these requirements; and
(2) (3) the court refuses to enter an order directing the county
auditor to execute and deliver the tax deed because of the failure
to comply with these requirements; and
(4) the purchaser, the purchaser's successors or assignees, or
the purchaser of the certificate of sale under IC 6-1.1-24 files
a claim with the county auditor for refund not later than
thirty (30) days after the entry of the order of the court
refusing to direct the county auditor to execute and deliver
the tax deed;
the county auditor shall not execute the deed but shall refund the
purchase money plus six percent (6%) interest per annum minus a
penalty of twenty-five percent (25%) of the purchase money from
the county treasury to the purchaser, the purchaser's successors or
assignees, or the purchaser of the certificate of sale under IC 6-1.1-24.
The county auditor shall deposit penalties paid under this
subsection in the county general fund. All the delinquent taxes and
special assessments shall then be reinstated and recharged to the
tax duplicate and collected in the same manner as if the property
had not been offered for sale. The tract or item of real property, if it
is then eligible for sale under IC 6-1.1-24, shall be placed on the
delinquent list as an initial offering under IC 6-1.1-24-6. IC 6-1.1-24.
(f) Notwithstanding subsections (d) and (e), the court shall not order
the return of the purchase price or any part of the purchase price if:
(1) the purchaser or the purchaser of the certificate of sale under
IC 6-1.1-24 has failed to provide notice or has provided
insufficient notice as required by section 4.5 of this chapter; and
(2) the sale is otherwise valid.
(g) 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. 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.
(h) A tax deed issued under this section is incontestable except by
appeal from the order of the court directing the county auditor to issue
the tax deed filed not later than sixty (60) days after the date of the
court's order.".
Delete pages 12 and 13.
and when so amended that said bill do pass.
Committee Vote: Yeas 9, Nays 0.
Lawson C