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Appeals court upholds motion to correct error, voiding Elkhart tax deed

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An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.

In a unanimous ruling, the court affirmed an Elkhart Circuit ruling in City of Elkhart, Indiana v. SFS, LLC and Jefferson Group, LLC  that concluded Elkhart officials didn’t comply with state law to provide notice of tax sale proceedings. The appeals court also affirmed the trial court’s ruling that vacated Elkhart’s tax deed for a single-family home at 1701 Kilbourn St. 

“We hold that the trial court did not abuse its discretion when it granted SFS’ motion to correct error and that its order was correct both as a matter of fact and as a matter of law. Because the City failed to provide adequate notice, the City’s tax deed is void,” Judge Edward Najam Jr. wrote for the panel.

At issue is the city’s failure to provide notice to a company that owned the property after a paralegal found an address for the company through independent investigation.

State law spells out a variety of means by which officials can use public records to obtain addresses of property owners to serve notice of tax sales, but other requirements for notice are unsettled, according to the ruling.

Najam wrote that the city was required to use “ordinary means” to give notice to SFS under I.C. 6-1.1-25-4.5(d). “Our case law does not define the ‘ordinary means’ requirement … we hold simply that where, as here, a governmental entity has knowledge or the means of knowledge at hand of the address of a person with a substantial property interest of public record, it is not ordinary to disregard that knowledge when providing notice to that person.”



 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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