For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSIONER. The Clarksville Building Commissioner.
DAYS. Consecutive calendar days.
FORECLOSING. The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt, if the borrower defaults.
INITIATION OF THE FORECLOSURE PROCESS. Taking any of the following actions:
(1) Taking possession of a residential property pursuant;
(2) Delivering the mortgagee’s notice of intention to foreclose to the borrower; or
(3) Commencing a foreclosure action on a property in any court.
MORTGAGEE. The creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interests or obligations under the mortgage agreement.
OWNER. Every person, entity, service company, property manager or real estate broker, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park;
(2) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title;
(3) Is a mortgagee in possession of any such property;
(4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
(5) Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he or she were the owner. However, this subchapter shall not apply to a condominium association created pursuant to IC 32-25-4 to the extent that such association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the association owner, also means every person who operates a rooming house; or is a trustee who holds, owns at controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
PROPERTY. Any real, residential property, or portion thereof, located in the town, including building or structures situated on the property.
RESIDENTIAL PROPERTY. Any property that contains one or more dwelling units used, intended, or designed to be occupied for living purposes.
TOWN. Town of Clarksville.
(Ord. 2010-G-03, passed 8-16-10; Am. Ord. 2020-G-13, passed 11-17-20)