Loading chat...
IN HB1212
Bill
Status
1/30/2019
Primary Sponsor
Wendy McNamara
Click for details
AI Summary
-
Sheriffs must advertise mortgage foreclosure sales on the county's or sheriff's office website instead of in newspapers, at the sheriff's discretion, with notices posted at least 30 days before the sale date
-
Newspaper publication remains required only when neither the county nor sheriff's office maintains a website; if publication cannot be procured, the sheriff must execute a written statement explaining why
-
All sale notices and written statements must be maintained in printed or electronic format for at least 3 years and made available to the public upon request
-
Online notices must remain posted until the property is redeemed, the sale is cancelled, or a deed is executed and delivered to the purchaser
-
Effective date: July 1, 2019
Legislative Description
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.
Last Action
Senator Tomes added as second sponsor
3/28/2019