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Current as of January 02, 2024 | Updated by FindLaw Staff
Sec. 5. (a) Upon payment of the bid price by the purchaser, the landowner shall provide the purchaser with the affidavit of sale or disposal described in this chapter.
(b) If the auction produces a purchaser, notwithstanding IC 6-1.1-23, the landowner shall distribute the amount of the bid price received from the purchaser in the following order of priority:
(1) Reasonable attorney's fees incurred by the landowner for the sale of the mobile home.
(2) Amounts owed to creditors known to have a lien or security interest on the mobile home, according to the priorities of the creditors' respective security interests.
(3) Delinquent taxes, including any associated penalties, interest, or collection expenses, that are attributable to the mobile home as of the date of sale.
If the amount of the bid price received from the purchaser exceeds the sum of the items described in subdivisions (1) through (3), the landowner may retain the remaining amount.
(c) If the auction produces no purchaser, the mobile home becomes the property of the landowner, and the landowner shall note that fact on the affidavit of sale or disposal.
(d) If the landowner wishes to donate the mobile home to any willing donee, a landowner who has obtained ownership of a mobile home under this section may transfer ownership to a willing donee by listing the donee as the purchaser on the affidavit of sale or disposal.
(e) If the auction produces no purchaser and the landowner does not intend to sell or transfer the mobile home to another person, the landowner may, without further administrative application, dismantle the unit for salvage or disposal.
(f) A landowner or willing donee who obtains ownership of a mobile home under this section has the same right of ownership as a purchaser who was the highest bidder at auction.
(g) Within thirty (30) days after the auction is held, the landowner shall submit the following to the county treasurer:
(1) A copy of the affidavit of sale or disposal.
(2) The amount, if any, to be distributed under subsection (b)(3), if the auction produced a purchaser.
Cite this article: FindLaw.com - Indiana Code Title 9. Motor Vehicles § 9-22-1.5-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-22-1-5-5/
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