Mortgage deductions; statement; verification
Sec. 2. (a) Except as provided in section 17.8 of this chapter, a
person who desires to claim the deduction provided by section 1 of
this chapter must file a statement in duplicate, on forms prescribed
by the department of local government finance, with the auditor of
the county in which the real property, mobile home not assessed as
real property, or manufactured home not assessed as real property is
located. With respect to real property, the statement must be filed
during the twelve (12) months before May 11 of each year for which
the person wishes to obtain the deduction. With respect to a mobile
home that is not assessed as real property or a manufactured home
that is not assessed as real property, the statement must be filed
during the twelve (12) months before March 2 of each year for which
the individual wishes to obtain the deduction. The statement may be
filed in person or by mail. If mailed, the mailing must be postmarked
on or before the last day for filing. In addition to the statement
required by this subsection, a contract buyer who desires to claim the
deduction must submit a copy of the recorded contract or recorded
memorandum of the contract, which must contain a legal description
sufficient to meet the requirements of IC 6-1.1-5, with the first
statement that the buyer files under this section with respect to a
particular parcel of real property. Upon receipt of the statement and
the recorded contract or recorded memorandum of the contract, the
county auditor shall assign a separate description and identification
number to the parcel of real property being sold under the contract.
(b) The statement referred to in subsection (a) must be verified
under penalties for perjury, and the statement must contain the
following information:
(1) The balance of the person's mortgage or contract
indebtedness on the assessment date of the year for which the
deduction is claimed.
(2) The assessed value of the real property, mobile home, or
manufactured home.
(3) The full name and complete residence address of the person
and of the mortgagee or contract seller.
(4) The name and residence of any assignee or bona fide owner
or holder of the mortgage or contract, if known, and if not
known, the person shall state that fact.
(5) The record number and page where the mortgage, contract,
or memorandum of the contract is recorded.
(6) A brief description of the real property, mobile home, or
manufactured home which is encumbered by the mortgage or
sold under the contract.
(7) If the person is not the sole legal or equitable owner of the
real property, mobile home, or manufactured home, the exact
share of the person's interest in it.
(8) The name of any other county in which the person has
applied for a deduction under this section and the amount of
deduction claimed in that application.
(c) The authority for signing a deduction application filed under
this section may not be delegated by the real property, mobile home,
or manufactured home owner or contract buyer to any person except
upon an executed power of attorney. The power of attorney may be
contained in the recorded mortgage, contract, or memorandum of the
contract, or in a separate instrument.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1979,
P.L.56, SEC.10; Acts 1980, P.L.39, SEC.2; Acts 1981, P.L.69,
SEC.2; Acts 1982, P.L.44, SEC.1; P.L.55-1988, SEC.1; P.L.3-1989,
SEC.32; P.L.291-2001, SEC.130; P.L.90-2002, SEC.106;
P.L.177-2002, SEC.1.
Last modified: May 28, 2006