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Insufficient notice voids tax deed

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The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.

The land owned by Joshua Lindsey’s mother, who is deceased, was delinquent on taxes, so it was put in a tax sale on April 9, 2012. Lindsey had lived on the property for more than 40 years. The tax sale certificate was assigned to Adam Neher. Notices published in the local newspaper said the tax sale occurred April 11, as did a redemption notice addressed to Lindsey’s mother.

When Lindsey went to the auditor’s office to request a redemption amount on Aug. 9, 2012, he was told that the redemption period had expired one day earlier and he couldn’t make a payment. He challenged the issuance of the tax deed, which the trial court had ordered be issued to Neher on Oct. 11, 2012.

In Joshua Lindsey v. Adam Neher, 08A04-1211-MI-575, the COA agreed with Lindsey that the tax deed is void due to insufficient notice and that he was deprived of his constitutional right to due process. The actual and constructive post-sale notices failed to accurately reflect that the tax sale took place April 9, Judge L. Mark Bailey wrote, and so Lindsey wasn’t given a proper date upon which to calculate the redemption period.

The judges rejected Neher’s argument that because the notice was issued, the inaccuracy of the tax sale date is inconsequential and the redemption date must be mathematically calculated without regard to the content of the notices.

“If we held as Neher suggests – that so long as notices are issued and received, the statutory period runs without regard to the content of published notices or communications between parties – that holding could invite fraud in future cases. A party may not draft, publish, and mail erroneous information, making no correction before the lapse of a statutory period, and then benefit from the dissemination of falsity,” he wrote.

The judges ordered the Carroll County auditor to accept Lindsey’s redemption payment.

 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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