Section 6-1.1-25-4.5 - Entitlement to tax deed under various circumstances; notice or requirements; reversion of certificate of sale to county(a) Except as provided in subsection (d), a purchaser or the purchaser's assignee is entitled to a tax deed to the property that was sold only if: (1) the redemption period specified in section 4(a)(1) of this chapter has expired;(2) the property has not been redeemed within the period of redemption specified in section 4(a) of this chapter; and(3) not later than six (6) months after the date of the sale:(A) the purchaser or the purchaser's assignee; or(B) in a county where the county auditor and county treasurer have an agreement under section 4.7 of this chapter, the county auditor; gives notice of the sale to the owner of record at the time of the sale and any person with a substantial property interest of public record in the tract or item of real property.
(b) A county executive is entitled to a tax deed to property on which the county executive acquires a lien under IC 6-1.1-24-6 and for which the certificate of sale is not sold under IC 6-1.1-24-6.1 only if: (1) the redemption period specified in section 4(b) of this chapter has expired;(2) the property has not been redeemed within the period of redemption specified in section 4(b) of this chapter; and(3) not later than ninety (90) days after the date the county executive acquires the lien under IC 6-1.1-24-6, the county auditor gives notice of the sale to: (A) the owner of record at the time the lien was acquired; and(B) any person with a substantial property interest of public record in the tract or item of real property.(c) A purchaser of a certificate of sale under IC 6-1.1-24-6.1 is entitled to a tax deed to the property for which the certificate was sold only if: (1) the redemption period specified in section 4(c) of this chapter has expired;(2) the property has not been redeemed within the period of redemption specified in section 4(c) of this chapter; and(3) not later than ninety (90) days after the date of sale of the certificate of sale under IC 6-1.1-24, the purchaser gives notice of the sale to: (A) the owner of record at the time of the sale; and(B) any person with a substantial property interest of public record in the tract or item of real property.(d) The person required to give the notice under subsection (a), (b), or (c) shall give the notice by sending a copy of the notice by certified mail, return receipt requested, to: (1) the owner of record at the time of the: (A) sale of the property;(B) acquisition of the lien on the property under IC 6-1.1-24-6; or(C) sale of the certificate of sale on the property under IC 6-1.1-24; at the last address of the owner for the property, as indicated in the records of the county auditor; and
(2) any person with a substantial property interest of public record at the address for the person included in the public record that indicates the interest. However, if the address of the person with a substantial property interest of public record is not indicated in the public record that created the interest and cannot be located by ordinary means by the person required to give the notice under subsection (a), (b), or (c), the person may give notice by publication in accordance with IC 5-3-1-4 once each week for three (3) consecutive weeks.
(e) The notice that this section requires shall contain at least the following:(1) A statement that a petition for a tax deed will be filed on or after a specified date.(2) The date on or after which the petitioner intends to petition for a tax deed to be issued.(3) A description of the tract or item of real property shown on the certificate of sale.(4) The date the tract or item of real property was sold at a tax sale.(5) The name of the: (A) purchaser or purchaser's assignee;(B) county executive that acquired the lien on the property under IC 6-1.1-24-6; or(C) person that purchased the certificate of sale on the property under IC 6-1.1-24.(6) A statement that any person may redeem the tract or item of real property.(7) The components of the amount required to redeem the tract or item of real property.(8) A statement that an entity identified in subdivision (5) is entitled to reimbursement for additional taxes or special assessments on the tract or item of real property that were paid by the entity subsequent to the tax sale, lien acquisition, or purchase of the certificate of sale, and before redemption, plus interest.(9) A statement that the tract or item of real property has not been redeemed.(10) A statement that an entity identified in subdivision (5) is entitled to receive a deed for the tract or item of real property if it is not redeemed before the expiration of the period of redemption specified in section 4 of this chapter.(11) A statement that an entity identified in subdivision (5) is entitled to reimbursement for costs described in section 2(e) of this chapter.(12) The date of expiration of the period of redemption specified in section 4 of this chapter.(13) A statement that if the property is not redeemed, the owner of record at the time the tax deed is issued may have a right to the tax sale surplus, if any.(14) The street address, if any, or a common description of the tract or item of real property.(15) The key number or parcel number of the tract or item of real property.(f) The notice under this section must include not more than one (1) tract or item of real property listed and sold in one (1) description. However, when more than one (1) tract or item of real property is owned by one (1) person, all of the tracts or items of real property that are owned by that person may be included in one (1) notice.(g) A single notice under this section may be used to notify joint owners of record at the last address of the joint owners for the property sold, as indicated in the records of the county auditor.(h) The notice required by this section is considered sufficient if the notice is mailed to the address required under subsection (d).(i) The notice under this section and the notice under section 4.6 of this chapter are not required for persons in possession not shown in the public records.(j) If the purchaser fails to: (1) comply with subsection (c)(3); or(2) petition for the issuance of a tax deed within the time permitted under section 4.6(a) of this chapter; the certificate of sale reverts to the county executive and may be retained by the county executive or sold under IC 6-1.1-24-6.1.
Amended by P.L. 236-2015, SEC. 4, eff. 1/1/2016.Amended by P.L. 66-2014, SEC. 14, eff. 7/1/2014.As added by P.L. 83-1989, SEC.14. Amended by P.L. 62-1991, SEC.3; P.L. 12-1992, SEC.24; P.L. 69-1993, SEC.3; P.L. 39-1994, SEC.17; P.L. 56-1996, SEC.8; P.L. 139-2001, SEC.16; P.L. 170-2003, SEC.11; P.L. 169-2006, SEC.29.