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FAQ's for Surplus Sale

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COUNTY-OWNED SURPLUS PROPERTY AUCTION

THE PUBLIC IS INVITED AND ENCOURAGED TO CONDUCT A DRIVE-BY INSPECTION OF ANY PARCEL INCLUDED ON THE SURPLUS PROPERTY AUCTION LIST. Bidders please be aware that some parcels may be landlocked, may be narrow strips only, irregular or may not have street frontage, may have alley access only or may have possible encroachments.

Bidders must register at the door before entering, providing name, address, phone number, and be issued a bidder number.

Once the Auction has been closed, bids may not be withdrawn.

All Sales Are FINAL.  No Refunds Will Be Given.

Sale will proceed by sequence of written order of the notice.

Bidding will start at the minimum bid.

All properties that sell for:

up to One Thousand Dollars ($1,000.00) must be paid in full immediately following the sale of the property. 

more than One Thousand Dollars and one cent ($1,000.01) must have a minimum earnest money deposit of the greater of either One Thousand Dollars ($1,000.00) or  Twenty percent (20%) of the sale.  The earnest money deposit must be paid immediately following the sale of the property. The balance must be paid in full by twelve noon the next day otherwise the earnest money deposit is forfeited. 

IT IS UNDERSTOOD THAT IN THE EVENT A BIDDER DOES NOT PAY THE REMAINING BALANCE BY 12:00 NOON ON THE FOLLOWING DAY OF THE SALE, THE EARNEST MONEY IS FORFEITED BY THE BIDDER.

OFFICE OF THE MARION COUNTY BOARD OF COMMISSIONERS, COUNTY-OWNED PROPERTY DIVISION WILL PROCESS THE RESULTING DEEDS AND DISCLOSURE FORMS, INCLUDING RECORDING. 

The bidder submitting the next-to-highest bid shall be considered as an alternate bidder. In the event the highest bidder defaults in presenting monies in full by the required deadline, the alternate bidder's bid will be considered. In this event, payment must be received by the alternate bidder within forty-eight (48) hours from notice of opportunity to purchase.

Alternate bidders are obligated to their bid.

Payment may only be made by CASH, CERTIFIED CHECK, CASHIER'S CHECK, OFFICIAL CHECK or MONEY ORDERS. Certified, Cashiers, Official checks or Money Orders must be made payable to the Marion County Treasurer. Do not bid if you do not have the correct type of payment.  The Treasurer will not accept more than $10,000 in cash from any one bidder during the auction.

If any improvement is occupied, it is without our consent. The County is not responsible for evictions.

The Marion County Board of Commissioners DOES NOT warrant that these properties are free and clear of all encumbrances, easements, encroachments, judgments, liens, right-of-way restrictions. The title transfer is in the form of a Quitclaim Deed. "Once the Auction has been closed, bids may not be withdrawn." All bidders are encouraged to hire a real estate attorney to perform a quiet title action to remove all liens, judgments, etc.

Marion County expressly disclaims any warranties, expressed or implied, as to its merchantability, habitability or fitness for a particular purpose. Any and all such property is to be sold on an AS IS condition, with award to the highest bidder.

The County assumes no responsibility for any changed condition of the property from the date of the Auction until delivery of the deed to the purchaser. Purchaser understands that he accepts all risk of loss to the property during that time.

*** NEW IN 2007 ***

In accordance with new state legislation, Marion County will be reviewing the tax status of all County Owned Surplus buyers.

• County Owned Surplus buyers will not be issued a deed until any delinquent property taxes are made current on property they currently own.
  
  
• Failure to bring all delinquent property taxes current may result in the voiding of sale of the parcel, application of money rendered to the delinquent taxes, and the resale of that parcel in a subsequent sale.

Information Regarding Demolition Orders

Anyone purchasing property is advised to contact the Marion County Health Department at 221-2150 to determine whether demolition or repair orders have been issued on the property. 

Demolition and repair orders can be issued after the date of the sale.

It is the responsibility of the purchaser to verify whether demolition or repair orders have been issued for the property.

The purchaser accepts the property subject to any orders issued by the Marion County Health Department.

Purchaser has no authority to enter the property until he receives the deed to the property. The County will use reasonable efforts to deliver the deed in a timely manner.

All properties are subject to tax assessment in 2011, due and payable in 2012 if obtained before March 1, 2011.  If obtained after the March 1, 2011 assessment date, taxes will be due 2013.

Unlike a common auction, the transaction is not completed with the termination of the bidding. The highest bid will be accepted and will require the Mayor's approval.

The street address being used is not necessarily the legal address. The address used is for reference only.  Anyone intending to apply for an improvement location permit will have to verify the correct street address and zoning with the Permits Division of Planning and Zoning, 1200 Madison Ave, Suite 100, Indianapolis, IN  46225.

High bidders are responsible for contacting the County Assessor's Office to verify accuracy of the assessed valuation against the property.

Once the Auction has been closed, we WILL NOT re-open bidding for the parcels again today.

All Sales Require Approval of the Mayor.

Data given about properties to be auctioned is given as a courtesy and is for information only. The Marion County Board of Commissioners does not guarantee the accuracy of the information given. Each bidder has the responsibility to independently verify or obtain whatever information he or she feels necessary prior to submitting a bid.

How To Read Property Status:

A    -    First Time in Surplus Sale
B    -    Offered in Prior Surplus Sale
C    -    Potential Environmental Contamination Problem

Where to call for questions:

NOTICE

If you previously owned a property which was sold in a tax sale, and you failed to redeem the property before a tax deed was issued to the County, Indiana law limits the circumstances under which you or your agent may now purchase that property at a surplus auction.

 NO PROPERTY MAY BE SOLD TO A PERSON WHO IS INELIGIBLE UNDER SECTION 36-1-11-16 OF THE INDIANA CODE.

 36-1-11-16 PROVIDES:

Sec. 16. (a) This section applies to the following:
        (1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under IC 6-1.1-24-1.
        (2) A person who is an agent of the person described in subdivision (1).
    (b) A person subject to this section may not purchase, receive, or lease a tract that is offered in a sale, exchange, or lease under this chapter.
    (c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the county retains the interest in the tract it possessed before the sale, transfer, or lease of the tract.
As added by P.L.60-1988, SEC.36. Amended by P.L.342-1989(ss), SEC.37; P.L.98-2000, SEC.18.

Therefore, anyone who is purchasing property previously held by them or by their principal and was forfeited because of delinquent taxes within the last five (5) years, must submit payment to the Office of the Marion County Treasurer of all past due amounts no later than 12:00 noon of the following day when the auction payment balance is due.