Current through 11/5/2024 election
Section 39-11.5-101 - Definitions As used in this article 11.5, unless the context otherwise requires:
(1) "Certificate of option for treasurer's deed" means the certificate of option for treasurer's deed issued by a treasurer pursuant to section 39-11.5-115 (1).(2) "Certificate of purchase" means the certificate of purchase prepared by a treasurer for the purchaser of a tax lien in accordance with section 39-11-117.(3) "Immediate family" means an individual's: (b) Partner in a civil union;(d) Minor child under eighteen years of age;(e) Sibling who is under eighteen years of age and for whom the individual stands in loco parentis; or(f) Sibling who is incapable of self-care due to a mental or physical disability or a long-term illness.(4) "Investment balance" means the redeemable amount of a tax lien.(5) "Junior lien" means a lien or encumbrance upon the property for which the amount due and owing thereunder is subordinate to the tax lien.(6) "Known interested party notice" means the notice that includes:(a) The names and addresses of the persons on the mailing list created by a treasurer pursuant to section 39-11.5-104 (2);(b) The information collected by the treasurer pursuant to section 39-11-114;(c) The date and time of the public auction, including, if applicable, the date to which the treasurer has continued the public auction pursuant to section 39-11.5-106 (1);(d) If the public auction is not conducted by means of the internet or other electronic medium, the location of the public auction;(e) If the public auction is conducted by means of the internet or other electronic medium: (I) The electronic address for the public auction;(II) The location of computer workstations that are available to the public and information about how to obtain instructions on accessing the public auction and submitting bids; and(III) A statement that the bidding rules for the public auction will be posted on the internet or other electronic medium used to conduct the auction at least fourteen calendar days before the date of the auction; and(f) A legible copy of sections 39-11.5-104, 39-11.5-111, 39-11.5-113, and 39-11.5-114.(7) "Lawful holder" means the person in possession of a certificate of purchase for a tax lien issued in accordance with article 11 of this title 39, or the assignee or attorney of such a holder.(8) "Lienor" means a person who is a beneficiary, holder, or grantee of a junior lien on the property or that person's assignee or attorney.(9) "Mailing list" means the list assembled by the treasurer pursuant to section 39-11.5-104 (2)(a) that contains the names and addresses of the following persons: (a) The original purchaser of the tax lien;(b) Any person known or believed by the treasurer to be a lienor;(c) The occupant of the property, addressed to "occupant" at the address of the property and, if different, the property owner; and(d) A lessee with an unrecorded possessory interest in the property at the address of the premises of the lessee and, if different, the address of the property.(10) "Overbid" means the amount in excess of the minimum bid accepted by the treasurer pursuant to section 39-11.5-108 (3)(a).(11) "Property" means the property subject to a tax lien, the certificate of purchase for which is held by a lawful holder.(12) "Property owner" means the owner of a property subject to a tax lien.(13) "Public auction" means an auction conducted pursuant to this article 11.5.(14) "Purchaser" means the person to whom the treasurer awards the certificate of option for treasurer's deed as the winning bidder at the public auction who timely submits proper funds or, if no valid bids are received at the public auction, the lawful holder who does not file a withdrawal of the application for public auction pursuant to section 39-11.5-106.(15) "Tax lien" means the lien on any land, town or city lot, or mining claim sold for special assessments, taxes, or special assessments and taxes due either to the state or any county or incorporated town or city for which the treasurer issued a certificate of purchase to the lawful holder.(16) "Treasurer" has the same meaning as set forth in section 39-1-102 (17), as applied to the county in which a property is located.(17) "Treasurer's deed" means the deed issued by the treasurer in accordance with section 39-11.5-116 (1).Added by 2024 Ch. 165,§ 5, eff. 7/1/2024.