The Senate Civil Law Committee heard Sen. Zakas’ SB 524 on tax deeds and conveyance documents. A representative of the Indiana Land Title Association explained that this bill provides that when a county auditor sends out certain notices for a tax sale by certified mail, the notices must be sent by certified mail, return receipt requested. It also requires that a verified petition for a tax deed to real property acquired in a tax sale must include copies of various notices sent by the petitioner, copies of certified mail receipts, copies of certified mail return receipts, and evidence used by the petitioner to ascertain the owner of property and any other persons with a substantial property interest of public record in the property. This bill provides that a tax deed is not prima facie evidence of the validity of a tax sale, if the petitioner for the tax deed fails to include with the petition the copies of notices, copies of mailing receipts, and copies or descriptions of the evidence used to ascertain the owner and other persons having a substantial property interest of public record in the property. Provides that a mortgage that does not comply with certain filing requirements is validly recorded, regardless of when the mortgage is recorded.
Representatives from the Probate, Trust, Real Property Division of the Indiana State Bar Association and from Indiana Land Title Association testified in favor of the bill. A technical amendment was adopted by consent. The amended bill passed 8-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/524.