§ 22-88. Bidding and public sale.

Except as otherwise provided in this ordinance, or by R.S. 47:2121 et seq., the auction shall be governed by R.S. 9:3151 et seq. Following notice of sale being published in the official journal of the Parish of Ouachita, the following shall occur:

(a)

Public auction. Public auction of adjudicated property shall be held at the OPPJ office located at Monroe, LA. and shall be handled by the office of parish treasurer. All bid amounts are subject to final approval by the parish. The parish is hereby authorized to accept and/or reject any or all bids, and to execute any and all documents necessary to finalize the sale of properties sold pursuant to these procedures. If in any event a property is not sold at such public auction, the property shall remain adjudicated to the parish.

(b)

Terms for sale of adjudicated property. All acts of sale of adjudicated property shall contain provisions, acceptable in form and substance to the parish, which provide that all such sales shall be for cash and shall be without warranty of title and without any warranty of merchantability or fitness; shall be "as is, where is"; that it shall be the obligation of the purchaser to obtain title insurance, if it is desired; that all such sales shall be subject to such encumbrances, liens, mortgages, real charges or other burdens reflected in the public records; and that the act of sale for such adjudicated property shall contain a condition which shall require the purchaser of such property to improve/renovate/make use of the tract, to the satisfaction of the administration, within three hundred sixty-five (365) days of the passage of the act of sale and that, if the purchaser fails to timely comply with this provision, the parish jury shall have the right to rescind, dissolve or cancel the sale.

(c)

Notice to tax debtor and tax parties.

(1)

The management company, on behalf of the parish for the benefit of the potential purchaser, shall give notice to any tax sale party whose interest that a prudent purchaser would intend to terminate, as determined by the management company, in its discretion, that he has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction the potential sale: (i) sixty (60) days from the date of the notice provided in this subsection; or (ii) the filing of the act of sale transferring the property.

(2)

The management company, on behalf of the parish for the benefit of the potential purchaser, shall cause to be published in the official journal of Ouachita Parish a notice that any tax sale party whose interest that a prudent purchaser would intend to terminate has until the later of the following to redeem the property or otherwise challenge in a court of competent jurisdiction, the potential sale of the property: (i) sixty (60) days from the first publication of the notice provided for in this subsection; or (ii) the filing of the sale or donation transferring the property.

(3)

The management company shall make available during business hours to any potential bidder, upon reasonable request, the notices, the publication and the results of such notification and publication.

(4)

The management company on behalf of the parish for the benefit of the potential purchaser or the successful bidder may file with the recorder of mortgages of Ouachita Parish a copy of one (1) of the notices that was sent to the tax debtor or the current owner. A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice shall not affect the property. Pursuant to the provisions of R.S. 47:2206(C), the recorder of mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the request of the management company or the successful bidder.

(d)

Closing transaction. Within ten (10) business days of the six (6) month or the sixty (60) day period set forth in the notices provided above, closing of the transactions shall occur. Such date may be extended by mutual agreement of the management company, acting on behalf of the parish, and the potential purchaser. On the day of closing, and immediately prior to closing, the purchaser shall provide the management company with written notice from the tax collector that the property to be purchased has not been redeemed.

Closings shall be conducted by the management company. However, purchaser may retain additional legal counsel, at its expense. The services provided by the management company shall consist of preparation of HUD settlement statement and cash sale.

At closing, the purchaser shall pay the net purchase price, reflecting any deposit that has been made and applied to the purchase price.

All sales are made without warranties whatsoever, except for warranty against eviction based on prior alienation by the political subdivision. Purchaser has the right to obtain title insurance, if available, at its sole cost and expense. All minerals and mineral rights shall be reserved by the parish, if allowed by law. Cash sales may contain additional reservations, requirements, restrictions, rights of way, and servitudes imposed by the parish.

Upon recordation of the sale, disbursement of funds shall occur. All proceeds after the deduction of costs shall be paid pro rata to holders of statutory impositions and governmental liens, unless otherwise agreed. Any excess amount shall be paid to the parish. Said disbursements will be included on the HUD settlement statement and approved by the parish prior to closing.

(e)

Purchaser's affidavit.

(1)

Contemporaneously with or subsequent to the filing of the sale or donation of adjudicated property, the acquiring person, his successors, or assigns, at his own additional expense may file with the recorder of mortgages of Ouachita Parish indicating how the tax sale parties whose interest the acquiring person, his successors, or assigns, intends to be terminated were identified, how the address of each tax sale party was obtained, how the written notice was sent, the results of sending the written notice, and the dates of publication. The affidavit may also contain a statement of the interest to which the purchaser or done takes subject. The recorder of mortgages shall index the affidavit only under the names of the owner filing the affidavit and the tax debtor, as mortgagors. The affidavit shall conform to R.S. 47:2208(A).

(2)

With respect to a sale, the filing of the affidavit provided in subsection (1) of this section shall operate as a cancellation, termination, release, or 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.

(3)

Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or other encumbrances canceled, terminated, released or erased under subsection (2) of this section, only insofar as they affect the property.

(4)

Purchaser shall be responsible for recording and paying any other recording fees, including, without limitation, fees for recording any affidavits.

(Ord. No. 9016, § IV, 8-19-13)