Property owner may hold auction
Sec. 4. The property owner shall:
(1) request that a search be performed in the records of the
bureau for the name and address of the owner of the mobile
home and the name and address of any person holding a lien or
security interest on the mobile home;
(2) after receiving the results of the search required by
subdivision (1), give notice by certified mail, return receipt
requested, or in person, to the last known address of the owner
of the mobile home, to any lien holder with a perfected security
interest in the mobile home and to all other persons known to
claim an interest in the mobile home. The notice must include
a description of the mobile home, a demand that the mobile
home be removed within a specified time not less than ten (10)
days after receipt of the notice, and a conspicuous statement
that unless the mobile home is removed within that time, the
mobile home will be advertised for sale and offered for sale by
auction at a specified time and place;
(3) advertise that the mobile home will be offered for sale at
public auction in conformity with IC 26-1-7-210 and
IC 26-1-2-328. The advertisement of sale must be published
once a week for two (2) consecutive weeks in a newspaper of
general circulation in the county where the mobile home has
been left without permission. The advertisement must include
a description of the mobile home, the name of the owner of the
mobile home, if ascertainable, and the time and place of the
sale. The sale must take place at least fifteen (15) days after the
first publication. If there is no newspaper of general circulation
where the sale is to be held, the advertisement must be posted
at least ten (10) days before the sale in not less than six (6)
conspicuous places in the neighborhood of the proposed sale;
(4) conduct an auction, not less than thirty (30) days after the
return receipt is received by the property owner, on the property
where the mobile home was left without permission;
(5) provide a reasonable time before the sale for prospective
purchasers to examine the mobile home;
(6) sell the mobile home to the highest bidder, if any; and
(7) immediately after the auction, execute an affidavit of sale or
disposal in triplicate on a form prescribed by the bureau stating:
(A) that the requirements of this section have been met;
(B) the length of time that the mobile home was left on the
property without permission;
(C) any expenses incurred by the property owner, including
the expenses of the sale;
(D) the name and address of the purchaser of the mobile
home at the auction, if any; and
(E) the amount of the winning bid, if any.
If the auction produces no purchaser, the property owner shall
note that fact on the affidavit. The property owner shall list the
property owner, or any donee, as the purchaser on the affidavit
of sale or disposal.
As added by P.L.108-2001, SEC.5.
Last modified: May 27, 2006