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COA: Buyer complied with notice statutes for obtaining tax deed

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Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.

Vinod Gupta bought the tax certificate to a lot owned by Henry Busan that was sold at a tax sale in 2008 in Warrick County. Gupta sent notice of the sale and redemption period to Busan by certified and first class mail; he sent notice of his filing for a petition for issuance of a tax deed in the same manner.

The notices were not returned to Gupta, but Busan said he did not receive them. Busan filed an action to quiet title in 2012, claiming he just learned of the sale. He argued Gupta did not comply with the certified mail requirements. The Circuit Court treated the complaint as an action to set aside the grant of the tax deed pursuant to Trial Rule 60(B).

The trial court concluded Gupta failed to comply with the certified mail requirements and awarded summary judgment in favor of Busan.

The Court of Appeals noted in Vinod C. Gupta v. Henry S. Busan, Heritage Federal Credit Union, 87A01-1307-MI-340, that the trial court could only hear the complaint within a “reasonable time” instead of within 60 days under Trial Rule 60(B) if Busan alleged he did not receive constitutionally adequate notice.

“Because Busan did not file the motion within sixty days and did not allege inadequate notice to meet the exception, the trial court should not have entertained his motion for relief; however, Gupta did not raise this issue either at the trial court or on appeal, and we will not become an advocate for a party,” Judge Margret Robb wrote. “All of these deviations from the established process to set aside a tax deed under Trial Rule 60(B) contributed to the unique issue presented here upon appeal.”

Gupta provided certified mail receipts, postmarked by the post office as evidence of the fact he mailed the notices to Busan, which is sufficient to prove that he sent the notices by certified mail and complied with the statute. Gupta was not required to provide actual proof of tracking and delivery to show compliance, the judges held. They remanded for grant of summary judgment quieting title for Gupta.

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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