A landowner shall do the following:
(1)Request that a search be performed in the records of the
bureau for the name and address of the manufactured home owner
and the name and address of any person holding a lien or security
interest on the manufactured home.
(2)After receiving the results of the search required by
subdivision (1) and after the expiration of the thirty (30) day
period described in sections 3 and 4 of this chapter, give notice to
all the following:
(A)The manufactured home owner:
(i)by certified mail, return receipt requested, to the last
known address of the manufactured home owner;
(ii)in person to the manufactured home owner; or
(iii)if the landowner is unable to determine the manufactured
home owner's address or provide notice to the manufactured
home owner in per
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A landowner shall do the following:
(1) Request that a search be performed in the records of the
bureau for the name and address of the manufactured home owner
and the name and address of any person holding a lien or security
interest on the manufactured home.
(2) After receiving the results of the search required by
subdivision (1) and after the expiration of the thirty (30) day
period described in sections 3 and 4 of this chapter, give notice to
all the following:
(A) The manufactured home owner:
(i) by certified mail, return receipt requested, to the last
known address of the manufactured home owner;
(ii) in person to the manufactured home owner; or
(iii) if the landowner is unable to determine the manufactured
home owner's address or provide notice to the manufactured
home owner in person, the landowner may satisfy the notice
requirement under this subdivision by posting of the notice to
the manufactured home owner on the manufactured home.
(B) Any lien holder (other than the landowner) with a perfected
security interest in the manufactured home either by certified
mail, return receipt requested, or in person.
(C) All other persons known to claim an interest in the
manufactured home either by certified mail, return receipt
requested, or in person.
(D) The county treasurer of the county in which the
manufactured home is located, by certified mail, return receipt
requested, or in person.
The notice must include a description of the manufactured home,
a demand that the owner remove the manufactured home within
a specified time not less than ten (10) days after receipt of the
notice, a conspicuous statement that unless the manufactured
home is removed within that time, the manufactured home will be
advertised for sale by auction at a specified time and place, and
a conspicuous statement that, in the case of a sale by auction of
the manufactured home, a person or lienholder other than the
county treasurer that fails to appear at the auction, or otherwise
participate in the auction, waives any right the person may have
as a lien holder in the manufactured home and any other rights
that the person may have regarding the sale of the manufactured
home. In addition, the notice must include a statement that, if the
manufactured home is removed before the auction takes place, all
statutory liens against the manufactured home under IC 16-41-27-29 and all debts owed to the landowner that are
associated with the placement of the manufactured home on the
landowner's property must be paid.
(3) After the expiration of the ten (10) day period in subdivision
(2), advertise that the manufactured home will be offered for sale
at public auction in conformity with IC 26-1-2-328 and IC 26-1-7-210. The advertisement of sale must be published once
each week for two (2) consecutive weeks in a newspaper of
general circulation in the county where the manufactured home
has been left without permission. The advertisement must include
a description of the manufactured home, the name of the owner of
the manufactured 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 in the county 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 manufactured home.
(5) Sell the manufactured home to the highest bidder, if any.
(6) Immediately after the auction, execute an affidavit of sale of
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 manufactured home was left on
the property without permission;
(C) any expenses incurred by the landowner, including the
expenses of the sale and any lien of the landowner;
(D) the name and address of the purchaser of the manufactured
home at the auction, if any; and
(E) the amount of the winning bid, if any.
If the manufactured home is not purchased by a bidder at the
auction, the landowner shall note that fact on the affidavit and
shall list the landowner, or any donee, as the purchaser on the
affidavit of sale or disposal.