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Legislative Update

Tax deeds and conveyance documents

April 9, 2015 Filed Under: Civil

The House Judiciary Committee continued its discussion from last week on SB 524 concerning tax deeds and conveyance documents authored and presented by Sen. Zakas.  An amendment was offered that makes the provision on tax deeds and tax sales effective January 1, 2016, and the provision on recording certain documents effective upon passage; clarifies that if a purchaser fails to include the specified documents with the verified petition, the tax deed is not prima facie evidence of the sale; clarifies that if verified petitions are filed by the county auditor under an agreement with the county treasurer, the tax deed constitutes prima facie evidence of the validity of the sale upon timely production of all copies of the notices, etc., in response to a challenge to a tax deed; and specifies that if the issuance of a tax deed does not constitute prima facie evidence, then the purchaser has the burden of proving the validity of the sale by a preponderance of the evidence.
The amendment was adopted by consent.  The Indiana State Bar testified in support of the amended bill.  The bill passed as amended 10-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/524.

Filed Under: Civil Tagged With: tax sale

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