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Judges uphold sale of properties in tax sale

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The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.

In Booker T. Prince, Jr. v. Marion County Auditor and Marion County Treasurer, 49A02-1210-MI-835, Booker Prince owned adjoining parcels of land in Indianapolis: An apartment building was located on one parcel and a parking lot on the other. He relocated to California and provided the Marion County auditor with a post office box in California for correspondence. He also had an office in the apartment building but did not give the auditor the unit or number.

After Prince failed to pay taxes, in 2010 the auditor sent the notice of the tax sale, the notice of the right of redemption, and the notice of petition for tax deed to the apartment building, to Prince’s California post office box via certified mail and to Prince’s California post office box via first class mail. All of the notices sent to the apartment building were returned to the auditor indicating that the property was vacant. However, Prince received the notice of tax sale that was sent to his post office box via certified mail. None of the notices that the auditor sent to Prince’s post office box via first class mail were returned to the auditor.

Prince filed his motion for relief from judgment after learning from his apartment manager that people arrived at the building claiming to be the new owners. The trial court found the auditor’s efforts to notify Prince of the sale, redemption period and issuance of the tax deed were constitutionally and statutorily sufficient.

The government officials conceded that the application for judgment filed with the court lacked the dates of mailing of the pre-sale notice and the dates of publication for the parcels at issue. But the Court of Appeals concluded the officials nonetheless provided Prince with notice of the sale. He signed for the certified copy of the notice and admits to owing back taxes.

“While it would have been better for the court to require the officials to provide all of the information set forth in Indiana Code section 6-1.1-24-4.6(b), there is sufficient evidence to support the trial court’s findings and conclusions that the application substantially complied with the statutory requirements,” Senior Judge John Sharpnack wrote.

The appeals court also found the auditor substantially complied with the statutes governing notices and the manner of service the auditor chose was reasonably calculated under the circumstances to apprise Prince of the pendency of the action and allow him a chance to object.

 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

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  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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