CHAPTER 1.5. ABANDONED MOBILE HOMES
IC 9-22-1.5
Chapter 1.5. Abandoned Mobile Homes
IC 9-22-1.5-1
"Mobile home" defined
Sec. 1. As used in this chapter, "mobile home" has the meaningset forth in IC 6-6-5-1.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-2
Property owner may sell mobile home
Sec. 2. A private property owner who finds a mobile home thatthe person believes to be abandoned on property the person owns orcontrols, including rental property, may sell or salvage the mobilehome if it has been left without permission on the owner's propertyfor at least thirty (30) days.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-3
Thirty day period
Sec. 3. (a) The thirty (30) day period described in section 2 of thischapter begins the day written notice is sent by the property ownerto the last known address of the owner of the mobile home as shownby the records in the bureau of motor vehicles or personally deliveredto the owner of the mobile home. If the property owner is unable todetermine the address of the mobile home owner, the property ownermay serve the mobile home owner by posting the notice on themobile home. If the notice is mailed, the property owner shall sendnotice by certified mail, return receipt requested. Notice, by mail orpersonally delivered, must include a description of the mobile homeand a conspicuous statement that the mobile home is on the owner'sproperty without the owner's permission. If the owner of a mobilehome changes the owner's address from that maintained in therecords of the bureau, the owner shall immediately notify theproperty owner of the new address.
(b) If, before the thirty (30) day period described in section 2 ofthis chapter expires, the mobile home owner requests by certifiedmail, return receipt requested, additional time to remove the mobilehome, the period described in section 2 of this chapter shall beextended by an additional thirty (30) days. The mobile home ownermay only request one (1) thirty (30) day extension of time.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-4
Property owner may hold auction
Sec. 4. The property owner shall:
(1) request that a search be performed in the records of thebureau for the name and address of the owner of the mobilehome and the name and address of any person holding a lien orsecurity interest on the mobile home; (2) after receiving the results of the search required bysubdivision (1), give notice by certified mail, return receiptrequested, or in person, to the last known address of the ownerof the mobile home, to any lien holder with a perfected securityinterest in the mobile home and to all other persons known toclaim an interest in the mobile home. The notice must includea description of the mobile home, a demand that the mobilehome be removed within a specified time not less than ten (10)days after receipt of the notice, and a conspicuous statementthat unless the mobile home is removed within that time, themobile home will be advertised for sale and offered for sale byauction at a specified time and place;
(3) advertise that the mobile home will be offered for sale atpublic auction in conformity with IC 26-1-7-210 andIC 26-1-2-328. The advertisement of sale must be publishedonce a week for two (2) consecutive weeks in a newspaper ofgeneral circulation in the county where the mobile home hasbeen left without permission. The advertisement must includea description of the mobile home, the name of the owner of themobile home, if ascertainable, and the time and place of thesale. The sale must take place at least fifteen (15) days after thefirst publication. If there is no newspaper of general circulationwhere the sale is to be held, the advertisement must be postedat least ten (10) days before the sale in not less than six (6)conspicuous places in the neighborhood of the proposed sale;
(4) conduct an auction, not less than thirty (30) days after thereturn receipt is received by the property owner, on the propertywhere the mobile home was left without permission;
(5) provide a reasonable time before the sale for prospectivepurchasers to examine the mobile home;
(6) sell the mobile home to the highest bidder, if any; and
(7) immediately after the auction, execute an affidavit of sale ordisposal in triplicate 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 mobile home was left on theproperty without permission;
(C) any expenses incurred by the property owner, includingthe expenses of the sale;
(D) the name and address of the purchaser of the mobilehome at the auction, if any; and
(E) the amount of the winning bid, if any.
If the auction produces no purchaser, the property owner shallnote that fact on the affidavit. The property owner shall list theproperty owner, or any donee, as the purchaser on the affidavitof sale or disposal.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-5
Results of auction
Sec. 5. (a) Upon payment of the bid price by the purchaser, the
property owner shall provide the purchaser with the affidavit of saleor disposal described in this chapter.
(b) If the auction produces no purchaser, the mobile homebecomes the property of the property owner, and the property ownershall note that fact on the affidavit of sale or disposal.
(c) If the property owner wishes to donate the mobile home to anywilling donee, a property owner who has obtained ownership of amobile home under this section may transfer ownership to a willingdonee by listing the donee as the purchaser on the affidavit of sale ordisposal.
(d) If the auction produces no purchaser and the property ownerdoes not intend to sell or transfer the mobile home to another person,the property owner may, without further administrative application,dismantle the unit for salvage or disposal.
(e) A property owner or willing donee who obtains ownership ofa mobile home under this section has the same right of ownership asa purchaser who was the highest bidder at auction.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-6
Affidavit of sale or disposal
Sec. 6. The affidavit of sale or disposal under this chapterconstitutes proof of ownership and right to have the mobile hometitled in the purchaser's, property owner's, or donee's name underIC 9-17-6-12.
As added by P.L.108-2001, SEC.5.
IC 9-22-1.5-7
Certificate of title
Sec. 7. After the purchaser, property owner, or donee:
(1) presents the bureau with the affidavit of sale;
(2) completes an application for title; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser or property owner a certificateof title to the mobile home.
As added by P.L.108-2001, SEC.5.