§ 6-1.1-24-5 — Conduct of sale; parcels subject to sale; minimum sale price; sale by electronic means

Indiana § 6-1.1-24-5

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 24: Sale of Real Property When Taxes or Special

Text

(a) When a tract or an item of real property is
subject to sale under this chapter, it must be sold in compliance with
this section.
(b) The sale must be held at the times and place stated in the notice
of sale.
(c) A tract or an item of real property may not be sold under this
chapter to collect:
(1) delinquent personal property taxes; or
(2) taxes or special assessments which are chargeable to other real
property.
(d) A tract or an item of real property may not be sold under this
chapter if all the delinquent taxes, penalties, and special assessments
on the tract or an item of real property and the amount prescribed by
section 1.5 or 2(b)(3)(D) of this chapter, whichever applies, reflecting
the costs incurred by the county due to the sale, are paid before the time
of sale.
(e) The county treasurer shall sell the tract or item of real property,
subject to the right of redemption, to the highest bidder at public
auction. The right of redemption after a sale does not apply to an item
of real property that is on the vacant and abandoned property list
prepared by the county auditor under section 1.5 of this chapter. Except
as provided in section 1.5 of this chapter, a tract or an item of real
property may not be sold for an amount which is less than the sum of:
(1) the delinquent taxes and special assessments on each tract or
item of real property;
(2) the taxes and special assessments on each tract or item of real
property that are due and payable in the year of the sale, regardless
of whether the taxes and special assessments are delinquent;
(3) all penalties which are due on the delinquencies;
(4) the amount prescribed by section 2(b)(3)(D) of this chapter
reflecting the costs incurred by the county due to the sale;
(5) any unpaid costs which are due under section 2(c) of this
chapter from a prior tax sale; and
(6) other reasonable expenses of collection, including title search
expenses, uniform commercial code expenses, and reasonable
attorney's fees incurred by the date of the sale.
The amount of penalties due on the delinquencies under subdivision (3)
must be adjusted in accordance with IC 6-1.1-37-16, if applicable.
(f) For purposes of the sale, it is not necessary for the county
treasurer to first attempt to collect the real property taxes or special
assessments out of the personal property of the owner of the tract or
real property.
(g) The county auditor shall serve as the clerk of the sale.
(h) Real property certified to the county auditor under section 1.5 of
this chapter must be offered for sale in a different phase of the tax sale
or on a different day of the tax sale than the phase or day during which
other real property is offered for sale.
(i) The public auction required under subsection (e) may be
conducted by electronic means, at the option of the county treasurer.
The electronic sale must comply with the other statutory requirements
of this section. If an electronic sale is conducted under this subsection,
the county treasurer shall provide access to the electronic sale by
providing computer terminals open to the public at a designated
location. A county treasurer who elects to conduct an electronic sale
may receive electronic payments and establish rules necessary to
secure the payments in a timely fashion. The county treasurer may not
add an additional cost of sale charge to a parcel for the purpose of
conducting the electronic sale.
[Pre-1975 Property Tax Recodification Citations: 6-1-56-4;
6-1-56-5; 6-1-56-9 part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977,
P.L.73, SEC.2; P.L.60-1986, SEC.5; P.L.88-1987, SEC.4; P.L.60-1988,
SEC.11; P.L.83-1989, SEC.11; P.L.50-1990, SEC.9; P.L.68-1993,
SEC.5; P.L.39-1994, SEC.9; P.L.139-2001, SEC.5; P.L.169-2006,
SEC.21; P.L.89-2007, SEC.4; P.L.56-2012, SEC.4; P.L.5-2015,
SEC.17; P.L.247-2015, SEC.16; P.L.251-2015, SEC.7; P.L.236-2023,
SEC.46.