Indiana House Bill 1212 (Prior Session Legislation)

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

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.

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.

Rep. Wendy McNamara [R]	Rep. Kevin Mahan [R]	Rep. Jim Pressel [R]	Rep. Dan Forestal [D]
Sen. Andy Zay [R]	Sen. James Tomes [R]

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]

Date	Chamber	Action
2019-03-28	Senate	Senator Tomes added as second sponsor
2019-03-07	Senate	First reading: referred to Committee on Local Government
2019-01-30	House	Referred to the Senate
2019-01-29	House	Representative Forestal added as coauthor
2019-01-29	House	Senate sponsor: Senator Zay
2019-01-29	House	Third reading: passed; Roll Call 62: yeas 62, nays 34
2019-01-28	House	Second reading: ordered engrossed
2019-01-24	House	Committee report: amend do pass, adopted
2019-01-15	House	Representative Pressel added as coauthor
2019-01-10	House	First reading: referred to Committee on Financial Institutions
2019-01-10	House	Coauthored by Representative Mahan
2019-01-10	House	Authored by Representative McNamara

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1212/details
Text	http://iga.in.gov/static-documents/4/c/e/7/4ce75ec2/HB1212.01.INTR.pdf
Text	http://iga.in.gov/static-documents/c/4/e/4/c4e465bc/HB1212.01.INTR.pdf
Text	http://iga.in.gov/static-documents/9/9/f/d/99fd5fe7/HB1212.02.COMH.pdf
Roll Call	http://iga.in.gov/static-documents/8/d/9/1/8d91bf2b/HB1212.01.INTR.01.pdf
Roll Call	http://iga.in.gov/static-documents/9/d/f/d/9dfd398e/HB1212.62.pdf