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Tax sale stands even though mortgage holder not notified

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The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.

In M&M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank, 03S04-1211-CC-645, the Supreme Court reversed the trial court and remanded. It ruled the requirement in Indiana Code 6-1.1-24.3(b) that a mortgage holder annually request a notice of a tax sale does not violate the 14th Amendment’s due process clause.

Monroe Bank, the mortgagee of the Ahlemeyer Farms, did not know the property was included in the Bartholomew County tax sale until after the buyer, M&M Investment, notified the bank.

Challenging the sale, the bank argued the statute mandating the mortgagee first request a notice of a tax sale before the county is required to provide a copy violates the 14th Amendment of the U.S. Constitution.

The bank asserted that under Jones v. Flowers, 547 U.S. 220 (2006) and Mennonite Bd. Of Missions v. Adams, 462 U.S. 791 (1983), due process requires the government to provide pre-tax sale notice by mail or personal service regardless of whether the mortgagee has requested it or not.

The Supreme Court was not persuaded to overturn two decades of precedent. The court did not want the state to take additional burdensome steps. It also questioned whether obligating the state to do more would be beneficial in today’s era of mortgaged-backed securities and trading.

Writing for the court, Justice Steven David held, “…Monroe Bank’s apparent alternative – that a county auditor be required to comb the files of the recorder’s office to see if a mortgage is recorded for a tax-delinquent property, assess whether the mortgage is still valid, and then determine whether the mortgage accurately reflects the mortgagee’s identity and address – remains unnecessary for two reasons: it would unreasonably tip the scales of our analysis by imposing too great a burden on the State, and the burdens this approach would impose would not result in a greater likelihood of successful notification.”

 

 

 

 
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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