§ 11-70B-6 — Judicial Hearing; Procedures

(a)(1) A Class 1 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor later than 90 days following the filing of the petition.
(2) At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the real property as owner-occupied, and the amount of the tax payoff.
(b) If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and shall order all of the following:
(1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent.
(3) Proper notice has been given to all interested parties.
(4) The property is not owner-occupied.
(5) The property as described in the petition be sold in accordance with this chapter.
(6) The sale shall become final and binding immediately after the sale is conducted in accordance with Section 11-70B-8.
(c) The order of the court shall provide that the real property be sold free and clear of all liens, claims, and encumbrances other than all of the following:
(1) Rights of redemption provided under federal law.
(2) Taxes assessed against the property that are due but not yet delinquent as of the date of the court’s order.
(3) Any easement that burdens the property, any real covenant that burdens the property, and any utility easement that benefits the property as of the date of the filing of the municipal code lien on which the Class 1 municipality is seeking to foreclose under this chapter.
(d) If at any point in the proceedings the court determines that the real property is owner-occupied, the Class 1 municipality shall seek immediate dismissal of the proceedings.

Legislative History

(Act 2024-246, §6.)