Sec. 56. (a) In a foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must do the following:
(1) Name the officer who has custody of the improvement funds of the unit as a party defendant.
(2) Name that officer as custodian of the improvement assessment fund of the unit.
(b) The officer described in subsection (a) shall then notify the attorney of the unit to appear in the action.
(c) The fiscal officer of the unit shall do the following:
(1) Trace the proceeds of the foreclosure so that proceeds arising from assessments for the improvement of a particular project are not diverted to the payment of any other improvement.
(2) Ensure that in each case the judgment proceeds constitute a special fund for the payment of contractors or bondholders for the particular work.
(d) The judgment proceeds shall be allocated to the proper public improvement fund for pro rata distribution to the bondholders or contractors who are entitled to those proceeds.
As added by P.L.98-1993, SEC.7.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 36. Barrett Law Funding for Counties and Municipalities
36-9-36-1. Application of Chapter
36-9-36-2. Authorized Improvements
36-9-36-3. Limitations on Authorized Improvements; Location of Improvement; Water Main Extensions
36-9-36-4. Preliminary Resolutions; Cross-Sections, Plans, and Specifications
36-9-36-5. Estimate of Costs; Incidental, Inspection, and Engineering Costs
36-9-36-6. Incidental, Inspection, and Engineering Costs; Inclusion on Assessment Roll
36-9-36-8. Notice of Hearing on Preliminary Resolution; Publication; Mailing to Property Owners
36-9-36-9. Estimate of Maximum Cost
36-9-36-9.5. Assessments; Installment Payments
36-9-36-12. Allowances Against Assessment and Contract Price
36-9-36-13. Confirmation, Modification, or Rescission of Preliminary Resolution
36-9-36-14. Remonstrances and Appeals
36-9-36-15. Objections to Final Resolution; Filing; Bond; Prior Assessments
36-9-36-16. Court Hearing on Objections to Final Resolution
36-9-36-18. Contracting by Works Board for Construction or Repair of Sidewalk or Curb
36-9-36-19. Levy and Collection of Assessments for Construction or Repair of Sidewalk or Curb
36-9-36-20. Improvements on Streets Occupied by Railroad Tracks; Procedure
36-9-36-21. Roadway Grading; Assessment
36-9-36-22. Advertisement for Bids; Opening and Consideration of Bids
36-9-36-23. Bid Bond or Deposit
36-9-36-24. Contracts; Scope; Actions to Enjoin Performance
36-9-36-25. Contractor's Guarantee
36-9-36-26. Repairs by Contractor
36-9-36-27. Monthly Payments to Contractor
36-9-36-28. Completed Improvements; Acceptance; Cost Estimates
36-9-36-29. Assessments; Abutting Lands or Lots; Street and Alley Intersections
36-9-36-30. Assessments; Basis; Back Lots; Platted Subdivisions
36-9-36-31. Preparation of Assessment Roll
36-9-36-32. Presumptive Finality of Assessments; Publication of Notice
36-9-36-33. Remonstrance Hearings; Final Determination of Assessments
36-9-36-34. Completion and Delivery of Assessment Roll; Appeals
36-9-36-35. Delivery of Primary Assessment Roll; Payment of Assessments to Disbursing Officer
36-9-36-36. Assessment Installments; Notice When Due
36-9-36-37. Cash Payment of Assessments; Interest on Delinquencies
36-9-36-38. Appeal of Assessment; Payment by Property Owner Following Court Certification
36-9-36-39. Appeal of Assessment; Payment of Part Ordered to Be Assessed Against Unit
36-9-36-42. Notice; Payments to Bond Owner; Process Collectable by Fiscal Officer
36-9-36-43. Delinquent Installments; Acceleration; Foreclosure of Lien; Notice of Delinquency
36-9-36-44. Bonds in Anticipation of Assessment Proceeds; Authorization
36-9-36-45. Bonds; Date; Tax Exemption
36-9-36-46. Bonds; Maturation; Interest Rate
36-9-36-47. Transfer of Assessment Liens to Bond Owners
36-9-36-48. Bond Owners; Foreclosure Actions; Procedure
36-9-36-49. Sale of Property Following Foreclosure Action; Amount
36-9-36-50. Negotiability of Bonds
36-9-36-51. Foreclosure Actions by Contractors
36-9-36-52. Foreclosure Actions; Complaint; Proof
36-9-36-53. Foreclosure Actions; Defenses
36-9-36-54. Foreclosure Actions; Amount of Recovery; Sale Procedure
36-9-36-55. Foreclosure Sales; Irregularities; Redemption
36-9-36-56. Foreclosure Actions; Parties; Appearances; Disposition of Proceeds
36-9-36-57. Foreclosure Actions; Payment of Judgment; Costs and Attorney's Fees; Decree
36-9-36-59. Foreclosure Actions; Suspension of Collection of Assessments
36-9-36-60. Reduction of Installments
36-9-36-61. Disposition of Foreclosure Proceeds Contrary to Chapter
36-9-36-62. Improvement Costs to Be Paid by Unit; Bonds and Certificates of Indebtedness
36-9-36-64. Funding for Payment of Certificates of Indebtedness; Special Tax Levy
36-9-36-65. Special Assessments to Pay Improvement Costs; Issuance of Anticipatory Certificates
36-9-36-66. Correction of Defects and Irregularities
36-9-36-67. Surface Improvements on Public Ways; Performance by Municipality; Procedure