Legislative Update

Various tax sale matters

Filed Under: Civil

S.E.A. 531, P.L. 251-2015
Effective: July 1, 2015
Makes numerous changes to the tax sale statute, including the following: (1) Provides that a purchaser of real property by an installment land contract may request notice of the tax sale list. (2) Adds an alternative provision for a county executive to transfer a tax sale property to a nonprofit entity. For purposes of these provisions, defines the “county executive” of Marion County to mean the board of commissioners (consisting of the county auditor, county treasurer, and county assessor). (3) Provides that a county treasurer may use money held on a person’s behalf in the tax sale surplus fund to pay property taxes and special assessments that become due during the tax sale redemption period. (4) Provides that a court may consider a petition for a tax deed without conducting a hearing if there are not any written objections filed. (5) Provides that the amount required for redemption of property includes all taxes, assessments, interest, and penalties that are delinquent after the sale.
Provides that a political subdivision may conduct an electronic auction of surplus real property held by the political subdivision. Repeals the following:

  1. A provision authorizing a county to adopt an ordinance allowing a county auditor to accept a bid that is less than the minimum bid normally required by the tax sale statute.
  2. A provision requiring the state board of accounts to specify a form of tax deed to use when a grantee other than a purchaser takes the tax deed.
  3. Several provisions that specify what action to take if the tax deed is ineffectual to convey title to tax sale property.
  4. A provision specifying how a grantee of a tax deed recovers money owed to the grantee in the context of an action to quiet title filed by the grantee.
  5. An obsolete provision that allowed a county to adopt an ordinance requiring the county treasurer to waive certain penalties and interest on delinquent property taxes. Makes conforming changes.

The full law is available at: http://iga.in.gov/legislative/2015/bills/senate/531