style=”font-size: 10pt”>   Sec. 7.5. (a) As used in this section, “property owner” refers to the owner of record of real property at the time the real property was certified for sale under this chapter and before issuance of the tax deed.

   (b) If a property owner enters into an agreement on or after May 1, 2010, that has the primary purpose of paying compensation to locate, deliver, recover, or assist in the recovery of money deposited in the tax sale surplus fund under section 7(a)(3) of this chapter with respect to real property as a result of a tax sale, the agreement is valid only if the agreement:

Terms Used In Indiana Code 6-1.1-24-7.5

  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) requires payment of compensation of not more than ten percent (10%) of the amount collected from the tax sale surplus fund with respect to the real property, unless the amount collected is fifty dollars ($50) or less;

(2) is in writing;

(3) is signed by the property owner; and

(4) clearly sets forth:

(A) the amount deposited in the tax sale surplus fund under section 7(a)(3) of this chapter with respect to the real property; and

(B) the value of the property owner’s share of the amount collected from the tax sale surplus fund with respect to the real property after the compensation is deducted.

   (c) The attorney general and the attorney general’s homeowner protection unit established under IC 4-6-12 shall enforce this section.

   (d) The attorney general may maintain an action in a court with jurisdiction to enforce this section. A court in which an action is brought to enforce this section may do the following:

(1) Issue an injunction.

(2) Order restitution to an owner aggrieved by a violation of this section.

(3) Order a person that violates this section to reimburse the state for the reasonable costs of the attorney general’s investigation and prosecution of the violation.

(4) Impose a civil penalty, in an amount determined by the court, on a person that violates this section.

As added by P.L.73-2010, SEC.4. Amended by P.L.187-2016, SEC.8.

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