Claim for overbid money - procedure

(1) A junior lienor is entitled to make a claim for overbid money if the following requirements are met to the satisfaction of the treasurer: (a) The junior lienor's lien appears by instruments that were duly recorded in the office of the clerk and recorder of the county prior to the recording of the application for treasurer's deed. If a junior lien was recorded in an incorrect county, the junior lienholder's rights under this section are valid only if the lien is rerecorded in the correct county at least fifteen calendar days prior to the actual date of the public auction. (b) If a junior lien is assigned, the rights of the assignee of the junior lien to make a claim for overbid money are valid only if the assignment of the junior lien as described in subsection (1)(a) of this section is duly recorded in the office of the clerk and recorder of the county at least fifteen calendar days prior to the actual date of the public auction; (c) The junior lienor has, within eight business days after the public auction, filed a claim for overbid money with the treasurer; and (d) The junior lienor has attached to the claim for overbid money: (I) The original or a recorded copy of the instrument and any assignment of the junior lien to the person attempting to claim overbid money. If the original instrument is delivered to the treasurer, the treasurer shall return the instrument to the junior lienor and retain a copy. (II) A signed and properly acknowledged statement, or a signed statement by the junior lienor's attorney, setting forth the amount of the lienor's junior lien, including per diem interest, through the end of the eighth business day after the public auction with the same specificity and itemization as required in section 39-11.5-107. (2) No fee may be charged to a junior lienholder for filing a claim for overbid money pursuant to this section. (3) Any time after the ninth business day but no later than the fifteenth business day from the date of the public auction, any remaining overbid money must be paid in order of recording priority to junior lienors, determined as of the recording of the application for treasurer's deed, who have duly filed a claim for overbid money, in each case up to the unpaid amount of the lien plus fees and costs. After payment to all junior lienors entitled to receive a portion of the overbid pursuant to this section, any remaining overbid money must be paid to the property owner. (4) Any redemption rights granted under federal law are separate and distinct from a claim for overbid money rights granted pursuant to this part 3. All liens that are junior to the certificate of purchase pursuant to this article 11.5 must be divested by the public auction under this article 11.5, subject to the claim for overbid money provided in this part 3. The treasurer conducting a public auction under this article 11.5 is not designated to receive redemptions under federal law.