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IN HB1296
Bill
Status
1/10/2017
Primary Sponsor
Cherrish Pryor
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AI Summary
House Bill 1296 Summary
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Tax sale certificate holders who secure vacant or abandoned property, remove trash/debris, mow grounds, or remove/paint over graffiti may file a lien for the reasonable value of labor and materials used.
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Lienholders must file a sworn statement and notice of lien with the county recorder within one year of obtaining the tax sale certificate, including the amount claimed, property identification, and supporting documentation.
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The lien is created upon recording and relates back to the date work was first performed; the lienholder must file an enforcement action within one year or the lien becomes void.
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Successful lienholders in court may recover reasonable attorney's fees as part of the judgment, with total lien amount and fees capped at $1,000.
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Liens may only be enforced if the property is redeemed by the owner; exemption applies when a bankruptcy court automatic stay bars entry on mortgaged property.
Legislative Description
Lien for repairs to abandoned property. Provides that a tax sale certificate holder who enters the premises of certain vacant or abandoned real property to perform the action of: (1) securing the real property; (2) removing trash or debris from the grounds of the real property; (3) mowing the grounds of the real property; or (4) removing or painting over graffiti on the real property; has a lien on the real property equal to the amount of the reasonable value of labor performed and materials used to perform the action.
Last Action
First reading: referred to Committee on Judiciary
1/10/2017