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Frequently Asked Questions : Tax Sales

Q: Who is entitled to redeem the property?

A: Nothing under Indiana law limits the identity of the person who can redeem the property from a tax sale. As a result, the successful bidder who is struck with buyer’s remorse can pay the amount required to redeem the property from sale, so long as the redemption period has not expired.

Q: What happens if I am a successful bidder on the property at a tax sale and I do not pay the bid amount to the county treasurer?

A: You will be charged with a civil penalty in the amount of 25% of your successful bid and may be sued for this amount. The tax sale statute states that the county prosecuting attorney shall initiate a civil action to recover the 25% of bid penalty. See Ind. Code § 6-1.1-24-8.

Q: When can I take possession of the property?

A: Only after you have been issued a tax deed to the property by your county auditor or a deed from your county commissioners in the case of a comissioners’ deed sale.

Q: How do I get title to the property?

A: You should consult an attorney regarding the noticing requirements under Indiana’s tax sale statutes as well as the requirements for petitioning the court having jurisdiction over the tax sale for the issuance of a tax deed.

Q: What if someone gets hurt on the property during the redemption period?

A: The owner is responsible.

Q: Does the property owner have a right to remove personal property from the real estate?

A: Yes

Q: Who is responsible for liability issues during the redemption period?

A: The property owner.

Q: Does the purchaser have the right to secure the property?

A: The purchaser has no rights to secure the property.

Q: If you are high bidder at the close of the sale and complete the purchase, who then is responsible for the property until the 120 day redemption period expires?

A: The property owner is still responsible for the property during the 120 day redemption period.

Q:  Who conducts the tax lien sales in Indiana?

A: All sales are the responsibility of the county treasurer and county auditor. SRI assists these public officials and follows all policies established by these elected officials and Indiana statute. Only elected officials can make changes after such rules or orders have been established.

Q: When can I apply for tax deed?

A: If the property has not been redeemed, the holder of the tax sale certificate must petition for a tax deed to the real property within six months after the expiration of the redemption period. If the tax lien purchaser fails to do so, the lien against the property is terminated according to IC 6-1.1-25-7(a). Please review the Indiana Code carefully to understand the requirements for securing a tax deed. Legal assistance from a qualified tax sale attorney is recommended.

Q:  Can a tax sale lien be assigned?

A: The purchaser of the lien may assign it to another party by completing the assignment section on the back of the tax sale certificate issued to the purchaser. The auditor must be notified to change the owner of record of the tax sale lien certificate.

Q:  What if taxes become due after I purchase the property tax sale lien?

A: A tax lien purchaser should pay subsequent taxes that become due on a property. Upon redemption, the tax lien purchaser will be reimbursed for those taxes if a 137B form is completed and filed with the Auditor.

Q:  Are there any other expenses in addition to the cost of the lien?

A: Certain expenses or costs will be incurred by the buyer and may be reimbursed as defined in IC 6-1.1-25.

Q:  If the lien purchased is redeemed, will I get my money back?

A: You will recieve all of your purchase price back plus a minimum of 10% return on the minimum bid.

Q:  What is the redemption period?

A: The redemption period is twelve (12) months for a certificate sold by the treasurer, certificates sold by the Commissioners have a 120 day redemption period.

Q:  Is a copy of the county rules and state statutes regarding the tax sale available for purchase?

A: No, all information and statute links are available free of charge.

Q:  Is a current property list of available?

A: A real time list is available on this site typically about forty-five days prior to the sale.

Q:  What happens to properties if they did not sale?

A: Unsold cerfificates will be awarded to the Commissioners. The Commissioners may either sell the certificate, convert the certificate to a deed or do nothing with the certificate.

Q:  Will you allow purchases of tax liens by mail, phone, or by fax?

A: No. You or a representative must attend the public auction.

Q: What will I receive to verify the purchase?

A: A tax lien certificate is issued to the purchaser. If the property is redeemed, the lien holder will be notified and informed to submit the certificate to the county auditor before funds are released. Redemption funds will be mailed to the purchaser’s address on county record. If you apply for a deed on the property, you will be required to surrender the certificate to get your deed. This is a legal document and should be safekept.

Q:  If a foreclosure is necessary, will the county assist in this matter?

A: Foreclosure is not a provision of the tax sale statutes in Indiana.

Q:  Will other liens be cleared from the property as a result of the sale?

A: Liens will not be removed as a result of the purchase of the lien. However, if you as the tax lien buyer comply with the laws and acquire a tax deed on the property, all liens will be removed. Please see IC 6-1.1-25.

Q:  Will the sale be final?

A: Sales are final. Once the auctioneer says, “sold”, the lien on the property is awarded to the highest bidder and the buyer is obligated to pay for that lien.

Q:  What type of bidding process will be used?

A: This is an open auction format. The starting bid,the amount advertised in the local newspapers, is the lowest amount that can be accepted by law. The tax sale certificate represents the lien and will be awarded based upon the highest bid and the satisfactory form of payment. Please refer to the Tax Lien Buyer Handout on this site.

Q: When is the payment due?

A: Usually between 2:00 p.m. and 4:00 p.m.

Q:  What type of payment is required?

A: Cash or Certified Funds will be accepted. However, with the approval of the County Treasurer electronic funds transfers may be accepted.

Q:  How often do you advertise sales?

A: The tax lien sales are advertised at least five weeks before the scheduled sale. They are advertised for three consecutive weeks. You may refer the Tax Sale Dates page of this site for the first scheduled advertising date.

Q: Where & when will the auction / sale be advertised?

A: Advertising is placed in one or more local newspapers. You will find the name of the newspaper and the scheduled dates for advertising on the Property Information page of this site.

Q:  How are properties put on tax sale?

A: Properties become eligible when taxes or assessments are delinquent from the prior years spring collection.

Q: How often are tax sales held?

A: Typically, tax liens are sold once a year and the sales can be held anytime during a year, based upon the first collection of taxes.

Q: What is the date & time of the next tax lien sale?

A: You will find the current year of the Tax Sale Dates on this site.