1. (a) Upon receipt of information that leads the attorney general to believe a prohibited person has violated section 7, 7.5, or 8 of this chapter, the attorney general shall investigate the alleged violation and may issue subpoenas requiring the:

   1. (1) appearance of witnesses;
   2. (2) production of relevant records; and
   3. (3) giving of relevant testimony.

2. (b) The attorney general shall enforce a violation of section 7, 7.5, or 8 of this chapter by commencing a receivership proceeding under IC 32-30-5-1 and selling the real property or the interest in real property through the receivership. The following apply to a receivership proceeding under this section:

   1. (1) Proceeds of the sale shall be paid as follows:

      1. (A) To lienholders, in their order of priority, except for liens that under the terms of the sale are to remain on the property.
      2. (B) The costs of the receivership and sale, including reasonable attorney's fees and expert fees.
      3. (C) 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.
   2. (2) If a receivership proceeding is initiated under this section, the prohibited person is personally liable for a civil penalty in the amount of ten percent (10%) of the market value of the real property, payable to the state general fund.
   3. (3) At the receivership sale, lienholders shall be able to have a credit bid in an amount that is not more than the amount owed to the lienholder on the date of the sale, as established in the court order for the sale of the property.
   4. (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 of an order for the sale of the real 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.
3. (c) The responsibility for determining whether an individual or other entity is subject to section 7, 7.5, or 8 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.
4. (d) Except for an interest created after the effective date of the lis pendens notice filed under subsection (b)(4), 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. An interest created after the effective date of the lis pendens notice filed under subsection (b)(4) is void upon entry of an order for the sale of the real property under this section.

As added by P.L.131-2026, SEC.5.