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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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