Notice of auction sale; unpaid costs; combined sale or redemption
Sec. 2. (a) In addition to the delinquency list required under
section 1 of this chapter, each county auditor shall prepare a notice.
The notice shall contain the following:
(1) A list of tracts or real property eligible for sale under this
chapter.
(2) A statement that the tracts or real property included in the
list will be sold at public auction to the highest bidder, subject
to the right of redemption.
(3) A statement that the tracts or real property will not be sold
for an amount which is less than the sum of:
(A) the delinquent taxes and special assessments on each
tract or item of real property;
(B) the taxes and special assessments on each tract or item
of real property that are due and payable in the year of the
sale, whether or not they are delinquent;
(C) all penalties due on the delinquencies;
(D) an amount prescribed by the county auditor that equals
the sum of:
(i) twenty-five dollars ($25) for postage and publication
costs; and
(ii) any other actual costs incurred by the county that are
directly attributable to the tax sale; and
(E) any unpaid costs due under subsection (b) from a prior
tax sale.
(4) A statement that a person redeeming each tract or item of
real property after the sale must pay:
(A) one hundred ten percent (110%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed not more than six (6) months after the date of
sale;
(B) one hundred fifteen percent (115%) of the amount of the
minimum bid for which the tract or item of real property was
offered at the time of sale if the tract or item of real property
is redeemed more than six (6) months after the date of sale;
(C) the amount by which the purchase price exceeds the
minimum bid on the tract or item of real property plus ten
percent (10%) per annum on the amount by which the
purchase price exceeds the minimum bid; and
(D) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the tax sale plus
interest at the rate of ten percent (10%) per annum on the
amount of taxes and special assessments paid by the
purchaser on the redeemed property.
(5) A statement for informational purposes only, of the location
of each tract or item of real property by key number, if any, and
street address, if any, or a common description of the property
other than a legal description. The township assessor, upon
written request from the county auditor, shall provide the
information to be in the notice required by this subsection. A
misstatement in the key number or street address does not
invalidate an otherwise valid sale.
(6) A statement that the county does not warrant the accuracy
of the street address or common description of the property.
(7) A statement indicating:
(A) the name of the owner of each tract or item of real
property with a single owner; or
(B) the name of at least one (1) of the owners of each tract
or item of real property with multiple owners.
(8) A statement of the procedure to be followed for obtaining or
objecting to a judgment and order of sale, that must include the
following:
(A) A statement:
(i) that the county auditor and county treasurer will apply
on or after a date designated in the notice for a court
judgment against the tracts or real property for an amount
that is not less than the amount set under subdivision (3),
and for an order to sell the tracts or real property at public
auction to the highest bidder, subject to the right of
redemption; and
(ii) indicating the date when the period of redemption
specified in IC 6-1.1-25-4 will expire.
(B) A statement that any defense to the application for
judgment must be filed with the court before the date
designated as the earliest date on which the application for
judgment may be filed.
(C) A statement that the court will set a date for a hearing at
least seven (7) days before the advertised date and that the
court will determine any defenses to the application for
judgment at the hearing.
(9) A statement that the sale will be conducted at a place
designated in the notice and that the sale will continue until all
tracts and real property have been offered for sale.
(10) A statement that the sale will take place at the times and
dates designated in the notice. Except as provided in section 5.5
of this chapter, the sale must take place on or after August 1 and
before November 1 of each year.
(11) A statement that a person redeeming each tract or item
after the sale must pay the costs described in IC 6-1.1-25-2(e).
(12) If a county auditor and county treasurer have entered into
an agreement under IC 6-1.1-25-4.7, a statement that the county
auditor will perform the duties of the notification and title
search under IC 6-1.1-25-4.5 and the notification and petition
to the court for the tax deed under IC 6-1.1-25-4.6.
(13) A statement that, if the tract or item of real property is sold
for an amount more than the minimum bid and the property is
not redeemed, the owner of record of the tract or item of real
property who is divested of ownership at the time the tax deed
is issued may have a right to the tax sale surplus.
(14) If a determination has been made under subsection (d), a
statement that tracts or items will be sold together.
(b) If within sixty (60) days before the date of the tax sale the
county incurs costs set under subsection (a)(3)(D) and those costs are
not paid, the county auditor shall enter the amount of costs that
remain unpaid upon the tax duplicate of the property for which the
costs were set. The county treasurer shall mail notice of unpaid costs
entered upon a tax duplicate under this subsection to the owner of the
property identified in the tax duplicate.
(c) The amount of unpaid costs entered upon a tax duplicate under
subsection (b) must be paid no later than the date upon which the
next installment of real estate taxes for the property is due. Unpaid
costs entered upon a tax duplicate under subsection (b) are a lien
against the property described in the tax duplicate, and amounts
remaining unpaid on the date the next installment of real estate taxes
is due may be collected in the same manner that delinquent property
taxes are collected.
(d) The county auditor and county treasurer may establish the
condition that a tract or item will be sold and may be redeemed under
this chapter only if the tract or item is sold or redeemed together with
one (1) or more other tracts or items. Property may be sold together
only if the tract or item is owned by the same person.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.73, SEC.1; P.L.60-1986, SEC.3; P.L.88-1987, SEC.2;
P.L.89-1987, SEC.1; P.L.61-1988, SEC.1; P.L.60-1988, SEC.7;
P.L.83-1989, SEC.3; P.L.50-1990, SEC.4; P.L.1-1991, SEC.48;
P.L.62-1991, SEC.1; P.L.1-1992, SEC.16; P.L.69-1993, SEC.1;
P.L.39-1994, SEC.4; P.L.56-1996, SEC.4; P.L.29-1998, SEC.1;
P.L.139-2001, SEC.2; P.L.170-2003, SEC.1.
Last modified: May 28, 2006