Section 9-22-1.7-5 - Search for owner; notice; advertisement of auctionA 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; or(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.
Added by P.L. 198-2016, SEC. 377, eff. 3/24/2016.