Indiana Code
Chapter 37. Barrett Law Funding for Municipalities
36-9-37-22.5. Preservation of Assessment in Default as a Lien

Sec. 22.5. (a) The municipal fiscal officer and the municipal works board may jointly establish procedures allowing a municipality to avoid a sale, on property that is not delinquent for property taxes, penalties, and other special assessments, that:
(1) is required under section 22 of this chapter; and
(2) would be conducted under IC 6-1.1-24;
by preserving an assessment that is in default as a lien against the property on which the assessment was imposed. A lien created under this section applies to the total assessment principal, interest, and penalties owed by the property owner on the date on which the municipality determines that the assessment is in default.
(b) Except as provided in subsection (c), an assessment preserved as a lien under this section shall be paid by the person liable for the assessment when ownership of the property is transferred.
(c) The following apply to an assessment preserved as a lien under this section:
(1) Additional penalties do not accrue to the lien after the date described in subsection (a).
(2) The procedures established under subsection (a) must specify when additional interest shall accrue to the lien after the date described in subsection (a).
(3) The lien must be recorded.
(4) The amount owed by the property owner must be paid by the person liable for the assessment before the final bond maturity date.
(d) When the person liable pays an assessment preserved as a lien under this section, the proceeds of the collection are subject to the same requirements as the proceeds of a sale conducted under section 24 of this chapter.
As added by P.L.45-2004, SEC.4.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 9. Transportation and Public Works

Chapter 37. Barrett Law Funding for Municipalities

36-9-37-1. Application of Chapter

36-9-37-2. Repealed

36-9-37-3. Municipalities Owning and Operating Water Utilities; Water Main Extensions

36-9-37-4. Prerequisites for Enforcement and Collection of Special Assessments

36-9-37-5. Assumption by Municipality of Responsibility for Payment of Bonds

36-9-37-6. Responsibility for Payment of Bonds; Election to Pay Assessment in Installments; Collection

36-9-37-7. Municipal Fiscal Officers; Surety Bonds; Personal Liability

36-9-37-8. Payment of Expenses

36-9-37-8.5. Assessments; Installment Payments

36-9-37-9. Certification of Assessment Roll; Liens

36-9-37-10. Liability of Municipalities for Assessments for Public Improvements

36-9-37-11. Assessment Installments; Interest

36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments

36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund

36-9-37-14. Prepayment of Assessment Installments

36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds

36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality

36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements

36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer

36-9-37-19. Notice of Default on Installment Payments

36-9-37-20. Collection of Delinquent Assessments; Interest Penalties

36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds

36-9-37-22. Default on Single Installment

36-9-37-22.5. Preservation of Assessment in Default as a Lien

36-9-37-23. Certification of Delinquent Assessments

36-9-37-24. Delinquent Assessments; Sale of Property

36-9-37-25. Procedures to Avoid a Foreclosure Action

36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure

36-9-37-27. Disposition of Property Held by Bank or Trust Company

36-9-37-28. Bonds; Contents; Issuance; Denominations

36-9-37-29. Bonds; Series; Redemption; Time for Payment; Computation of Interest; Actions Challenging Validity

36-9-37-30. Payment of Bonds at Maturity

36-9-37-31. Bonds; Presentation for Payment; Receipts

36-9-37-32. Schedule of Amounts Paid on Bonds

36-9-37-33. Matured Bonds; Notice to Holder of Money Available for Payment

36-9-37-34. Bonds; Tax Exemption

36-9-37-35. Bonds; Insufficient Funds for Payment; Issuance of Certificates of Indebtedness

36-9-37-36. Bonds; Certificates of Indebtedness; Payment

36-9-37-37. Refunding Bonds

36-9-37-38. Overpayment of Special Assessments; Refunds

36-9-37-39. Overpayments; Annual Statement; Notice; Disposition

36-9-37-40. Money Collected as Special Assessments; Disposition After Five Years

36-9-37-41. Money Deposited in General Fund; Claims

36-9-37-42. Transfer of Unclaimed Money to Surplus Barrett Law Account

36-9-37-43. Unpaid Warrants or Checks; Cancellation

36-9-37-44. Prepaid Interest; Reimbursement

36-9-37-45. Municipalities No Longer Using Barrett Law; Transfer of Surplus Money

36-9-37-46. Barrett Law Revolving Improvement Fund