Indiana Code 6-1.1-24-5.3. Persons barred from bidding on or purchasing tracts offered for sale
(1) A person who:
Terms Used In Indiana Code 6-1.1-24-5.3
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(B) is subject to an order issued under IC 36-7-9-5(a)(2), IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5) regarding which the conditions set forth in IC 36-7-9-10(a)(1) through IC 36-7-9-10(a)(4) exist.
(2) A person who:
(A) owns a fee interest, a life estate interest, or the equitable interest of a contract purchaser in an unsafe building or unsafe premises; and
(B) is subject to an order issued under IC 36-7-9-5(a), other than an order issued under IC 36-7-9-5(a)(2), IC 36-7-9-5(a)(3), IC 36-7-9-5(a)(4), or IC 36-7-9-5(a)(5), regarding which the conditions set forth in IC 36-7-9-10(b)(1) through IC 36-7-9-10(b)(4) exist.
(3) A person who is the defendant in a court action brought under IC 36-7-9-18, IC 36-7-9-19, IC 36-7-9-20, IC 36-7-9-21, or IC 36-7-9-22 that has resulted in a judgment in favor of the plaintiff and the unsafe condition that caused the action to be brought has not been corrected.
(4) A person who has any of the following relationships to a person, partnership, corporation, or legal entity described in subdivision (1), (2), (3), or (5):
(A) A partner of a partnership.
(B) A member of a limited liability company.
(C) An officer, director, or majority stockholder of a corporation.
(D) The person who controls or directs the activities or has a majority ownership in a legal entity other than a partnership or corporation.
(5) A person who owes:
(A) delinquent taxes;
(B) special assessments;
(C) penalties;
(D) interest; or
(E) costs directly attributable to a prior tax sale;
on a tract or an item of real property listed under section 1 of this chapter.
(6) A person who owns a fee interest, a life estate interest, or the equitable interest of a contract purchaser in a vacant or abandoned structure subject to an enforcement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, or IC 36-7-9, or a court order under IC 36-7-37.
(7) A person who is an agent of the person described in this subsection.
(8) A person who:
(A) is delinquent in the payment of any personal property taxes; or
(B) is subject to an existing personal property tax judgment;
under IC 6-1.1-22-9.
(9) A person who owns any tract or item of real property that has been offered for sale under sections 5 and 6.1 of this chapter on two (2) or more occasions and no bid was submitted for the tract or item of real property.
(b) A person subject to this section may not bid on or purchase a tract offered for sale under section 5 or 6.1 of this chapter. However, this section does not prohibit a person from bidding on a tract that is owned by the person and offered for sale under section 5 of this chapter.
(c) A business entity may not bid on or purchase a tract offered for sale under section 5 or 6.1 of this chapter if:
(1) a person subject to this section:
(A) formed the business entity;
(B) joined with another person or party to form the business entity; or
(C) joined the business entity as a proprietor, incorporator, partner, shareholder, director, employee, or member; or
(2) a person subject to this section:
(A) becomes an agent, employee, or board member of the business entity; or
(B) is not an attorney at law and represents the business entity in a legal matter.
As added by P.L.98-2000, SEC.4. Amended by P.L.1-2002, SEC.24; P.L.169-2006, SEC.22; P.L.88-2009, SEC.1; P.L.247-2015, SEC.18; P.L.251-2015, SEC.8; P.L.149-2016, SEC.26; P.L.159-2020, SEC.45; P.L.66-2021, SEC.2; P.L.27-2023, SEC.3.
Indiana Code 6-1.1-24.5-3. Petition elements
(1) The legal description and parcel or property number for each of the tracts or items of real property.
Terms Used In Indiana Code 6-1.1-24.5-3
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) For each tract or item of real property that is the subject of the petition, the names of the persons who own the tract or item of real property. If the petitioner is alleging that the tracts or items of real property are owned by a group of affiliated persons, the petitioner must also specify each person’s affiliation with at least one (1) other person in the group of affiliated persons.
(4) A statement that each owner of record of a tract or item of real property that is the subject of the petition:
(A) acquired the tract or item of real property in one (1) or more tax sales; and
(B) subsequently received a deed for the real property.
(5) For each tract or item of real property that is the subject of the petition, the amounts of the delinquent property taxes and special assessments that are owed at the time the property is certified as eligible for tax sale under IC 6-1.1-24-1.
(6) A statement that the delinquent property taxes and special assessments are payable to the county treasurer.
(7) A statement that if:
(A) the delinquent property taxes and special assessments on the tracts or items of real property that are the subject of the petition; and
(B) the property taxes and special assessments that accrue after the property is certified as eligible for tax sale under IC 6-1.1-24-1;
are not paid on or before the appearance date and time, the petitioner will be entitled to an order directing the county auditor to issue a deed to each of the tracts or items of real property to the petitioner, without a right of redemption.
(8) A statement that if proof of payment of the total amount of delinquent property taxes and special assessments for all tracts or items of real property specified under subdivision (1) is tendered to the court on or before the appearance date and time, the court will dismiss the petition.
(9) If the petitioner is a city or town, a representation that the petitioner has furnished the county executive with a copy of the petition and the county executive consents to the requested relief.
As added by P.L.236-2015, SEC.3. Amended by P.L.183-2016, SEC.2.