Indiana

In State Info by TSL Admin


Primary Sale Type: Tax Lien Certificate
indiana
Secondary Type(s): Commissioner's LienCommissioner's Deed (select counties only)
Sale Date(s): Annually: September - November (Lien)Varies: set by county (Deed)


Bid Type: Premium Bidding
Rate of Return: 10% - 6 months from date of sale15% - 7-12 months from date of sale
Redemption Period: 1 year from date of sale (Lien)120 days from date of sale (Commissioner's Lien)


Over-the-Counter: NA
Statute Section(s): IN Code - Title 6, Artical 1.1, CH 24
State Website: www.in.gov

State Overview:

There are 92 counties in the state of Indiana.

County Directory

The two most populous areas in Indiana are Marion (860,000+) and Lake (484,000+) County.

Search Demographics:

Indiana is classified as a Tax Lien state. All parcels that remain unsold after the first attempt are reoffered at a Commissioner's Lien Sale. Commissioner's liens may have reduced minimum bids along with a shortened redemption period of 120 days from the date of sale. In select counties Commissioner Deed sales are also offered. Prior to July 1st of each year the county treasurer will notify the county auditor of all delinquent properties eligible for the annual sale. Tax sales are usually conducted between August through November. The tax sale is conducted as a public auction.

Auction Process / Redemption:

Indiana uses the 'Premium Bid' method. The counties starting bid will include all back taxes, penalties, interest, and administrative cost. Indiana's interest rate of return ranges from 10% -15% depending upon when it is redeemed. This rate is a penalty which is a flat rate and does not accrue with time. A rate of 10% applies to properties redeemed within 6 months of the sale and 15% for properties redeemed after 6 months, but no more than 1 year.

The foreclosure process in Indiana is outlined as follows:

Uncontested Foreclosure: 4 1/2 - 6 months minimum.

1. Filing of the Complaint

2. Service of process on the debtor: occurs in 5-10 days unless service by publication

3. Application for default judgment: can be sought 21-24 days after service of process

4. Entry of default judgment and decree of foreclosure: should occur within approximately 30 days after the Application is filed.

5. Praecipe for Sheriff's sale, including notice of same: by statute, cannot be filed until 3 months after the Complaint.

6. Sheriff's sale: happens about 45-90 days from Praecipe, depending on the county.

Contested Foreclosure: 6-9 months minimum.

1. Filing of the Complaint

2. Service of process on the debtor: occurs in 5-10 days unless service by publication.

3. Appearance of debtor's attorney and motion for one or more 30-day extensions of time to respond to the complaint: filed 20-23 days after service of process.

4. Answer to Complaint: filed 30 days after filing of Appearance and expiration of last motion for extension

5. Motion for summary judgment: can be filed immediately after the filing of the Answer.

6. Objection to motion for summary judgment: due 30 days after the filing of the motion for summary judgment.

7. Summary judgment hearing: usually held 75-120 days after the motion is filed.

8. Entry of judgment and decree of foreclosure: occurs on day of hearing, or soon thereafter, unless the motion is vigorously contested with viable defenses.

9. Praecipe for Sheriff's sale: can be submitted immediately after the entry of judgment assuming more than 3 months have passed since the complaint was filed.

10. Sheriff's sale: takes place 45-90 days from Praecipe, depending on the county.

State Resources:

Resource Description Instructions and Additional Information
SRI Incorporated Find local tax sales and tax information. NA
Lawyers Attorneys, Tax Foreclosure Process in Indiana Find legal information of foreclosure process. NA