Indiana Code 9-22-1.5-5. Results of auction
(b) If the auction produces a purchaser, notwithstanding IC 6-1.1-23, the landowner shall distribute the amount of the bid price received from the purchaser in the following order of priority:
Terms Used In Indiana Code 9-22-1.5-5
- 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.
- 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
- 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
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) Amounts owed to creditors known to have a lien or security interest on the mobile home, according to the priorities of the creditors’ respective security interests.
(3) Delinquent taxes, including any associated penalties, interest, or collection expenses, that are attributable to the mobile home as of the date of sale.
If the amount of the bid price received from the purchaser exceeds the sum of the items described in subdivisions (1) through (3), the landowner may retain the remaining amount.
(c) If the auction produces no purchaser, the mobile home becomes the property of the landowner, and the landowner shall note that fact on the affidavit of sale or disposal.
(d) If the landowner wishes to donate the mobile home to any willing donee, a landowner who has obtained ownership of a mobile home under this section may transfer ownership to a willing donee by listing the donee as the purchaser on the affidavit of sale or disposal.
(e) If the auction produces no purchaser and the landowner does not intend to sell or transfer the mobile home to another person, the landowner may, without further administrative application, dismantle the unit for salvage or disposal.
(f) A landowner or willing donee who obtains ownership of a mobile home under this section has the same right of ownership as a purchaser who was the highest bidder at auction.
(g) Within thirty (30) days after the auction is held, the landowner shall submit the following to the county treasurer:
(1) A copy of the affidavit of sale or disposal.
(2) The amount, if any, to be distributed under subsection (b)(3), if the auction produced a purchaser.
As added by P.L.108-2001, SEC.5. Amended by P.L.71-2015, SEC.8; P.L.198-2016, SEC.374.