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COA rules in favor of tax sale bidder in dispute over property

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The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.

The COA ruled on the two cases in Anthony J. Iemma, et al. v. JP Morgan Chase Bank, N.A. Successor by Merger with Bank One, N.A., 20A03-1207-MF-326. Cause No. 188 deals with Chase Bank’s grant of partial summary judgment and foreclosure of property at 1034 East Jackson Blvd. in Elkhart; Cause No. 41 deals with the setting aside of LRB Holdings’ tax deeds purchased on the same two lots at that address. Anthony and Sandra Iemma entered into a mortgage with Bank One-Merrillville in 1997. The recorded mortgage lists two addresses – one for Bank One-Merrillville in Merrillville; the other under the heading “When recorded mail to:” that was for Bank One-Indianapolis in Indianapolis. Chase Bank became successor-by-merger of Bank One in 2004.

The Iemmas defaulted on the mortgage and did not pay taxes on the property in question. Chase sought to foreclose; LRB as successful bidder at the tax sale, sent notices to Chase through its attorneys on the foreclosure case after the mail sent to Bank One-Merillville was returned as undeliverable. It did not mail notice to the Bank One-Indianapolis address.

LRB appealed the ruling in favor of Chase, arguing the trial court erred in determining the tax deeds should be set aside because LRB failed to comply with statutory notice requirements, due process requirements and statutory property description requirements.

The trial court concluded that LRB was required to send notices to mortgagee Bank One-Merrillville, but also to the bank in Indianapolis. But the mortgage did not indicate that Bank One-Indianapolis was a person with a substantial property interest of public record on the Elkhart property, Judge Rudy Pyle III wrote. As such, LRB had no responsibility under statute to give notice to the Indianapolis office.

The judges found LRB complied with due process requirements by taking the extra step of mailing notice to the attorneys involved in the foreclosure action. The trial court also erred as a matter of law by concluding that the notices were not in substantial compliance with I.C. 6-1.1-25- 4.5.

“In this opinion, we have decided the Cause No. 41 tax sale deed issues in favor of LRB and against Chase Bank. LRB is the owner of the two lots with a common address of 1034 East Jackson Boulevard, Elkhart, IN 46516, and there is no longer any basis for the trial court’s grant of summary judgment and foreclosure in Cause No. 188. Accordingly, the trial court’s order should be set aside,” Pyle wrote.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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