§ 2-289. Sale of adjudicated property by public sale.

(a)

Sale of adjudicated property may be made by public sale, in accordance with the provisions of R.S. 47:2201 et seq.

(b)

Minimum bid; appraisal.

(1)

In the event the parish government elects to set a dollar amount as a minimum bid for the sale of adjudicated property, the minimum bid for the sale of adjudicated property shall include the following:

a.

The total amount of all statutory impositions of the parish government and of any other political subdivision of the state affecting the property;

b.

The total amount of all governmental liens affecting the property;

c.

The costs of adjudication of the property to the parish government at the tax sale of the property, if any; and

d.

The costs of sale of the adjudicated property by public sale.

(2)

The parish government may, however, by special ordinance provide that the sale of adjudicated property by public sales shall occur after appraisal of the property, rather than as set forth in subsection (b)(1) of this section, in accordance with R.S. 47:2202, in which case the parish government shall appoint a licensed appraiser to appraise and value the property. In such case, the minimum bid at the first public sale of the property shall be at least two-thirds of the appraised value of the property. If the property fails to sell at the first public sale, the minimum bid at the second public sale of the property shall be one-third of the appraised value of the property. If the property fails to sell at the second public sale, the parish government may, by subsequent ordinance, sell the property at the minimum bid set forth in subsection (b)(1) of this section.

(3)

In addition, the parish government may, by special ordinance, provide for the sale of adjudicated property at public sale to the highest bidder without setting a minimum bid or requiring an appraisal, in accordance with R.S. 47:2202(A), as amended.

(c)

The sale of adjudicated property by public sale may be initiated either by the parish government or by any person, in accordance with the following procedures:

(1)

Initiation of public sale by parish government. The parish government may provide by special ordinance for the sale of adjudicated property at a public sale, which ordinance shall contain the following:

a.

The legal description of the adjudicated property to be sold at public sale (including the lot, square and subdivision name, if applicable);

b.

The municipal address of the adjudicated property to be sold at public sale;

c.

The name and address of the owner of record of the property, as reflected in the records of the assessor's office, as of the date of the tax sale by which the property was adjudicated to the parish government or its predecessors.

d.

In the event the parish government elects to set a dollar amount as a minimum bid for the sale of adjudicated property, the ordinance shall state the minimum bid for which the property shall be sold. In the event the parish government provides that the sale of adjudicated property shall occur after appraisal, as provided for by subsection (b)(2) of this section, the ordinance shall state that the sale shall be subject to appraisal. In the event the parish government provides that the sale of adjudicated property shall be without a minimum bid or appraisal, as provided in subsection (b)(3) of this section, the ordinance shall state that the sale shall be to the highest bidder with no minimum bid or appraisal.

(2)

Initiation by persons. Whenever a person desires to initiate the sale of adjudicated property by public sale and the parish government, in turn, is willing to sell the property, the person so desiring shall submit an application to the administrative department of the parish government, requesting the sale of such property, which application shall contain the following:

a.

A legal description of property (lot, square and subdivision name, if applicable);

b.

Municipal address of property;

c.

Name of the owner of record of the property at the time of adjudication and the year of the tax sale;

d.

Affidavit certifying the prospective purchaser is not a member of immediate family of property owner or entity in which owner has a substantial economic interest;

e.

A copy of tax sale deed evidencing the recordation in excess of three years;

f.

A copy of current tax bill;

g.

An executed offer letter to purchase the property;

h.

Deposits.

1.

A deposit, by cash, certified cashier's check, or money order, in an amount as established by the parish council form time to time, to cover the expenses of the public sale, including advertising, appraisals (if applicable), legal fees of the parish government in connection with the sale, title abstract and mortgage certificate costs and all other costs associated with the public sale.

2.

In the event the applicant is the highest bidder at the public sale of the adjudicated property, any unused funds on deposit shall be applied to the purchase price of the property sold at the public sale. If there are remaining funds on deposit after the payment of the purchase price of the property sold at the public sale, said remaining funds shall, upon authentication of the sale as described hereinbelow, be refunded to applicant.

3.

In the event the applicant fails to be the highest bidder at the public sale of the adjudicated property, this deposit, shall be refunded to the applicant. In the event, however, that no one at the public sale bids up to the minimum amount, if any, required for the sale of the property, then the deposit shall be retained by the parish government to pay the costs and expenses of the public sale; provided, however, that any monies remaining on deposit after the payment of said costs and expenses shall be refunded to the applicant.

(d)

Advertising.

(1)

In the event of initiation of sale of adjudicated property by public sale by the parish government or any person, the public sale shall be advertised twice in the official journal of the parish government, the first advertisement being at least 30 days prior to the date of the public sale, and the second advertisement being no more than seven days prior to the date of the public sale. Each advertisement shall be on a form prescribed by the parish government, and shall contain the following information:

a.

Notice of the sale;

b.

The amount of the minimum bid, if any. If the sale is subject to appraisal, the advertisement shall so state. If the sale is without minimum bid or appraisal, the advertisement shall so state;

c.

The name and address of the department within the parish government to which bids shall be submitted;

d.

The date, time and physical and/or electronic addresses of in-person bidding on the property;

e.

A description of the property to be sold at public sale (including the lot, square and subdivision name, if applicable), as well as the municipal address of the property (if applicable);

f.

Any other terms which the parish government may require.

(2)

All bids shall be on a form, either written or electronic, prescribed by the parish government.

(e)

All bids received shall be submitted by the administrative department to the full parish council at its next regularly scheduled meeting, at which time the parish council may adopt an ordinance approving the sale of the property to the highest bidder, as provided by R.S. 47:2204. The ordinance, if adopted, shall include the following requirements:

(1)

A requirement that the purchaser certify in writing to the administrative department of the parish government that he or his agent has examined the mortgage and conveyance records of the parish to determine the names and last known addresses of:

a.

The tax debtor at the time of the tax sale of the property;

b.

Any person requesting notice pursuant to R.S. 47:2159;

c.

The owner of the property, including the owner of record at the time of the tax sale of the property;

d.

Any other person holding an interest in the property, including a mortgage, privilege, lien or other encumbrance on the property, and including a tax sale purchaser.

Attached to this certification shall be a written list of all names and last known addresses of the persons listed hereinabove;

(2)

A requirement that the purchaser of the adjudicated property shall send the written notice to any person described in subsection (e)(1) of this section in the form provided by R.S. 47:2206(A). A copy of said written notice shall be furnished to the administrative department of the parish government with a certification that the notice has been sent to said persons;

(3)

A requirement that the purchaser file in the mortgage records of the parish a copy of the written notice required in subsection (e)(2) of this section, and furnish the administrative department of the parish government with stamped copies of the recorded notice;

(4)

A requirement that the purchaser shall cause to be published in the official records of the parish a notice in the form prescribed by R.S. 47:2206(B), and furnish to the administrative department of the parish government with an affidavit of publication of said notice prepared by the official journal;

(5)

An acknowledgment in writing from the purchaser that the adjudicated property is sold without any warranty, except a warranty against eviction resulting from a prior alienation of the property by the parish government or its predecessor;

(6)

The name and address of the purchaser, the amount of money for which the property has been sold and a requirement that the purchaser remit the purchase price of the property, by cash, cashier's/certified check or money order, contemporaneously with the furnishing of the other documents listed in this subsection (e), with an appropriate credit for any sums previously deposited for costs by the purchaser.

(f)

Authentication of sale.

(1)

At the expiration of the 60-day or six-month redemption periods, set forth in R.S. 47:2206(A) and (B), and upon satisfaction of any terms, conditions and requirements set forth in the ordinance approving the sale of the property, the purchaser may send a written notice to the administrative department of the parish government, requesting that the parish government authenticate the sale of the adjudicated property, as provided in R.S. 47:2207. In such event, the parish government shall authenticate the sale within ten days from the date of such request, or as soon thereafter as practicable.

(2)

The authentication shall in the form of an act of sale prescribed by R.5. 47:2207(B), which act of sale shall be prepared and filed into the conveyance records of the parish. The purchaser shall pay all costs incurred in preparing, filing and/or recording the said act of sale authenticating the sale. The act of sale authenticating the sale of the adjudicated property shall be without warranty, except a warranty against eviction resulting from a prior alienation of the property by the parish government or its predecessor, as provided in R.S. 47:2207(A).

(g)

Contemporaneously with filing the act of sale authenticating the sale as provided in subsection (f) of this section, the purchaser shall file, at his cost, an affidavit into the mortgage records of the parish in the form prescribed by R.S. 47:2208, and shall furnish to the administrative department of the parish government with a stamped copy of the recorded affidavit. The filing of said affidavit shall, in accordance with the provisions of R.S. 47:2208(B), operate as a cancellation, termination, release and erasure of record of all statutory impositions of all political subdivisions then due and owing, of all governmental liens and of all interests, liens, mortgages, privileges and other encumbrances recorded against the property sold and listed in the affidavit.

(h)

Proceeds of sale.

(1)

Except as otherwise agreed upon by the holders of statutory impositions and governmental liens, all proceeds from the sale of adjudicated property by public sale, after the deduction of costs of the sale, shall be paid on a pro rata basis to the holders of such statutory impositions and governmental liens;

(2)

Any amount in excess of the costs of the sale, statutory impositions and governmental liens shall be paid to the parish government.

(i)

In the event the adjudicated property is redeemed within the redemption periods set forth in R.S. 47:2206(A) and (B), then all sums deposited or paid by the purchaser for the purchase price of the adjudicated property shall be refunded to the purchaser by the parish government, with legal interest, written 30 days after the parish government is notified of said redemption.

(Code 1969, § 2-161; Ord. of 9-15-2010, § 1)