Indiana Code 9-22-1.5-4. Landowner may hold auction
(1) request that a search be performed in the records of the bureau or the county assessor, in accordance with section 3(a)(1) of this chapter, for the name and address of the owner of the mobile home and the name and address of any person holding a lien or security interest on the mobile home;
Terms Used In Indiana Code 9-22-1.5-4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Donee: The recipient of a gift.
- Lien: A claim against real or personal property in satisfaction of a debt.
- mobile home: means a nonself-propelled vehicle designed for occupancy as a dwelling or sleeping place. See Indiana Code 9-22-1.5-1
(A) the last known address of the owner of the mobile home;
(B) any lien holder with a perfected security interest in the mobile home;
(C) all other persons known to claim an interest in the mobile home; and
(D) the county treasurer of the county in which the mobile home is located.
The notice must include a description of the mobile home, the location of the mobile home, a demand that the owner remove the mobile home within a specified time not less than ten (10) days after receipt of the notice, and a conspicuous statement that unless the mobile home is removed within that time, the mobile home will be advertised for sale and offered for sale by auction at a specified time and place;
(3) advertise that the mobile home will be offered for sale at public auction. The advertisement of sale must be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county where the mobile home has been left without permission. The advertisement must include a description of the mobile home, the name of the owner of the mobile home, if ascertainable, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the neighborhood of the proposed sale;
(4) provide a reasonable time before the sale for prospective purchasers to examine the mobile home;
(5) sell the mobile home to the highest bidder, if any; and
(6) immediately after the auction, execute an affidavit of sale or disposal on a form prescribed by the bureau stating:
(A) that the requirements of this section have been met;
(B) the length of time that the mobile home was left on the real estate without permission;
(C) any expenses incurred by the landowner, including the expenses of the sale;
(D) the name and address of the purchaser of the mobile home at the auction, if any; and
(E) the amount of the winning bid, if any.
If the auction produces no purchaser, the landowner shall note that fact on the affidavit. The landowner shall list the landowner or any donee as the purchaser on the affidavit of sale or disposal.
As added by P.L.108-2001, SEC.5. Amended by P.L.125-2012, SEC.126; P.L.71-2015, SEC.7; P.L.198-2016, SEC.373.