Conduct of sale
Sec. 5. (a) When a tract or an item of real property is subject to sale
under this chapter, it must be sold in compliance with this section.
(b) The sale must:
(1) be held at the times and place stated in the notice of sale; and
(2) except as provided in section 5.5 of this chapter, not extend
beyond October 31 of the year of sale.
(c) A tract or an item of real property may not be sold under this
chapter to collect:
(1) delinquent personal property taxes; or
(2) taxes or special assessments which are chargeable to other
real property.
(d) A tract or an item of real property may not be sold under this
chapter if all the delinquent taxes, penalties, and special assessments
on the tract or an item of real property and the amount prescribed by
section 2(a)(3)(D) of this chapter, reflecting the costs incurred by the
county due to the sale, are paid before the time of sale.
(e) The county treasurer shall sell the tract or real property, subject
to the right of redemption, to the highest bidder at public auction.
However, a tract or an item of real property may not be sold for an
amount which is less than the sum of:
(1) the delinquent taxes and special assessments on each tract or
item of real property;
(2) the taxes and special assessments on each tract or item of real
property that are due and payable in the year of the sale,
regardless of whether the taxes and special assessments are
delinquent;
(3) all penalties which are due on the delinquencies;
(4) the amount prescribed by section 2(a)(3)(D) of this chapter
reflecting the costs incurred by the county due to the sale;
(5) any unpaid costs which are due under section 2(b) of this
chapter from a prior tax sale; and
(6) other reasonable expenses of collection, including title search
expenses, uniform commercial code expenses, and reasonable
attorney's fees incurred by the date of the sale.
(f) For purposes of the sale, it is not necessary for the county
treasurer to first attempt to collect the real property taxes or special
assessments out of the personal property of the owner of the tract or
real property.
(g) The county auditor shall serve as the clerk of the sale.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.73, SEC.2; P.L.60-1986, SEC.5; P.L.88-1987, SEC.4;
P.L.60-1988, SEC.11; P.L.83-1989, SEC.11; P.L.50-1990, SEC.9;
P.L.68-1993, SEC.5; P.L.39-1994, SEC.9; P.L.139-2001, SEC.5.
Last modified: May 28, 2006