IN HB1212 | 2019 | Regular Session

Status

Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: Engrossed on January 30 2019 - 50% progression
Action: 2019-03-28 - Senator Tomes added as second sponsor
Pending: Senate Local Government Committee
Text: Latest bill text (Amended) [PDF]

Summary

Notice of sheriff's sale of foreclosed property. Amends the statute concerning the procedures for a sheriff's sale of real property subject to a mortgage foreclosure judgment to provide that before selling the property, the sheriff must advertise the sale by arranging for the posting of a notice of the sale on the Internet web site maintained by: (1) each county in which the real estate is located; or (2) the office of the sheriff; at the discretion of the sheriff. (Current law requires the sheriff to advertise the sale by publication in a newspaper of general circulation in each county in which the property is located.) Specifies that existing law governing an error or omission in a legal notice published in a newspaper also applies to a sheriff's sale notice posted on an Internet web site. Provides that if: (1) a county in which the real estate is located does not maintain an Internet web site; and (2) the office of the sheriff does not maintain an Internet web site; the sheriff shall advertise the sale by publication in the county. Provides that in a case in which: (1) the sheriff must publish a sheriff's sale notice in a newspaper; and (2) the sheriff is unable to procure such publication; the sheriff shall execute a written statement explaining why publication was not possible. (Current law does not specify that the sheriff's statement must be in writing.) Provides that the sheriff shall: (1) maintain a record, in a printed or an electronic format, of the written statement for a period of not less than three years from the date of execution of the statement; and (2) make the statement available to the public upon request. Provides that a sheriff who posts a sheriff's sale notice on a county's or the sheriff's Internet web site shall: (1) maintain a record, in a printed or an electronic format, of the posted notice of sale for a period of not less than three years from the date on which the notice is removed from the Internet web site after the occurrence of an event specified under the bill; and (2) make the record available to the public upon request. Makes conforming amendments.

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Title

Notice of sheriff's sale of foreclosed property. Amends the statute concerning the procedures for a sheriff's sale of real property subject to a mortgage foreclosure judgment to provide that before selling the property, the sheriff must advertise the sale by arranging for the posting of a notice of the sale on the Internet web site maintained by: (1) each county in which the real estate is located; or (2) the office of the sheriff; at the discretion of the sheriff. (Current law requires the sheriff to advertise the sale by publication in a newspaper of general circulation in each county in which the property is located.) Specifies that existing law governing an error or omission in a legal notice published in a newspaper also applies to a sheriff's sale notice posted on an Internet web site. Provides that if: (1) a county in which the real estate is located does not maintain an Internet web site; and (2) the office of the sheriff does not maintain an Internet web site; the sheriff shall advertise the sale by publication in the county. Provides that in a case in which: (1) the sheriff must publish a sheriff's sale notice in a newspaper; and (2) the sheriff is unable to procure such publication; the sheriff shall execute a written statement explaining why publication was not possible. (Current law does not specify that the sheriff's statement must be in writing.) Provides that the sheriff shall: (1) maintain a record, in a printed or an electronic format, of the written statement for a period of not less than three years from the date of execution of the statement; and (2) make the statement available to the public upon request. Provides that a sheriff who posts a sheriff's sale notice on a county's or the sheriff's Internet web site shall: (1) maintain a record, in a printed or an electronic format, of the posted notice of sale for a period of not less than three years from the date on which the notice is removed from the Internet web site after the occurrence of an event specified under the bill; and (2) make the record available to the public upon request. Makes conforming amendments.

Sponsors


Roll Calls

2019-01-29 - House - Third reading (Y: 62 N: 34 NV: 1 Abs: 3) [PASS]
2019-01-22 - House - House - Committee Vote (Y: 7 N: 3 NV: 0 Abs: 3) [PASS]

History

DateChamberAction
2019-03-28SenateSenator Tomes added as second sponsor
2019-03-07SenateFirst reading: referred to Committee on Local Government
2019-01-30HouseReferred to the Senate
2019-01-29HouseRepresentative Forestal added as coauthor
2019-01-29HouseSenate sponsor: Senator Zay
2019-01-29HouseThird reading: passed; Roll Call 62: yeas 62, nays 34
2019-01-28HouseSecond reading: ordered engrossed
2019-01-24HouseCommittee report: amend do pass, adopted
2019-01-15HouseRepresentative Pressel added as coauthor
2019-01-10HouseFirst reading: referred to Committee on Financial Institutions
2019-01-10HouseCoauthored by Representative Mahan
2019-01-10HouseAuthored by Representative McNamara

Indiana State Sources


Bill Comments

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