Indiana § 1-1-16-11 - Investigation and enforcement; receivership; liability; effect of divestiture

§ 1-1-16-11. Investigation and enforcement; receivership; liability; effect of divestiture

Sec. 11. (a) The attorney general may investigate the purchase, lease, or acquisition of real property upon receipt of a complaint alleging a violation of section 10 of this chapter.

(b) The attorney general shall enforce a violation of section 10 of this chapter by commencing a receivership proceeding under IC 32-30-5-1 and selling the property through the receivership. The following apply to a receivership proceeding under this section:

(1) Proceeds of the sale shall be disbursed to lienholders, in their order of priority, except for liens which under the terms of the sale are to remain on the property.

(2) At the receivership sale, lienholders shall be able to have a credit bid.

(3) No proceeds shall be distributed from the receivership sale to the prohibited person. Any excess proceeds are forfeited and shall be transferred to the state general fund by the receiver.

(4) Upon commencement of an action under this section, the attorney general shall promptly file a notice of lis pendens with the clerk of court. Upon the entry order for the sale of the property under this section, the attorney general shall promptly record a copy of the order in the office of the recorder of the county where the property is located.

(c) The responsibility for determining whether an individual or other entity is subject to section 10 of this chapter rests solely with the prohibited person and the attorney general and no other individual or entity. An individual or other entity who is not a prohibited person shall bear no civil or criminal liability for failing to determine or make inquiry of whether an individual or other entity is a prohibited person.

(d) Divestiture of a prohibited person's title under this section shall not be a basis to void, invalidate, or otherwise extinguish any bona fide mortgage, lien, or other interest granted by, through, or under the prohibited person.

As added by P.L.118-2023, SEC.3.

IC 1-2ARTICLE 2. STATE EMBLEMS

Ch. 1.Repealed Ch. 2.State Flag Ch. 3.Display and Distribution of State Flag Ch. 4.State Seal Ch. 5.State Poem Ch. 6.State Song Ch. 7.State Flower and Tree Ch. 8.State Bird Ch. 9.State Stone Ch. 10.State Language Ch. 11.State River Ch. 12.State Poet Laureate Ch. 13.State Rifle Ch. 14.State Aircraft Ch. 15.State Insect Ch. 16.State Snack Ch. 17.State Fossil

IC 1-2-1Chapter 1. RepealedRepealed by P.L.4-1988, SEC.1.

IC 1-2-2Chapter 2. State Flag

1-2-2-1Design and dimensions 1-2-2-2Military forces; public functions