First Amendment to Agreement - University of Notre Dame - Resident Legal Assistant Program

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Additional Information • Properties are only eligible for the St. Joseph County Tax Sale (Fall) and Commissioners' Certificate Sale (Spring) when the property taxes and/or special assessments from the prior year's installment are delinquent. • The minimum bid for property that will be part of the St. Joseph County Tax Sale (Fall) will include all taxes and fees owed on the property at time of sale. The minimum bid for a property that will be part of the Commissioners' Certificate Sale (Spring) can be significantly lowered, sometimes as low as $25.00. Minimum bids for each sale will be advertised prior to each sale and is the lowest amount that can be accepted by law. • The City of South Bead will not be responsible for paying the cost of the actual bid for the desired property or costs associated with registering to bid on a property. The cost of the bid and registering on the SRI Tax System will be the sole responsibility of the 4ppIicant. • The Notre Dame Clinical Law Center will advance the costs associated with the required legal process for acquiring a property through the St. Joseph County Tax Sale or Commissioners' Certificate Sale (valued at over $1,000). The City of South Bend will reimburse the Notre Dame Law Center for these costs. If the applicant is terminated from the program by the City of South Bend, the participant shall be responsible for the cost(s) associated with future transactions. • The City of South Bend and the Notre Dame Clinical Law Center cannot guarantee that an applicant will successfully acquire the property of their choice. Several factors could prevent an applicant from acquiring the property including, but not limited to: o The applicant may not submit the highest bid during either the St. Joseph County Tax Sale or Commissioners' Certificate Sale and therefore be unable to buy the lien on the desired property. o The original property owner may redeem the property within the redemption period. if this occurs, the winning bidder will receive the amount of their winning bid plus an additional 10% and additional costs associated with the purchase of the lien. • If multiple applicants wish to acquire the same property, the City of South Bend and the Notre Dame Clinical Law Center have the right to disclose this interest to each of those applicants. If the applicant is the winning bidder (makes them the lien buyer), they do not immediately take ownership of the property. They must complete a legal process in order to be issued a tax deed. The Tax Sale requires a one (1) year redemption period plus a period of time for issuance of a court order prior to the lien buyer receiving a tax deed. The Commissioners' Certificate Sale requires a one hundred -twenty (120) day redemption period plus a period of time for issuance of a court order prior to the lien buyer receiving a tax deed. Until a winning_bidder is issued a tax deed for the property pursuant to a court order, he or she does not have the right to take possession of the property. However, Indiana's "Good Samaritan Law" (found in the Indiana Code Section 34-30-26-5), provides limited exception to the trespassing Iaw. The Good Samaritan Law allows a non -owner to remove trash and complete simple yard upkeep, including mowing the property. If the non -owner does these things without gross negligence or intentional misconduct the person will not be subject to liability. The Good Samaritan Law does not allow a person to enter the property of another for the purpose of gardening, or to enter a building on the property under any circumstance.