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Single sewer lien not enough to bring foreclosure

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Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.

Twin Lakes Regional Sewer District perfected liens against the properties owned by Steven Hruska and Virginia Hanna for unpaid sewer bills. After the trial court entered a judgment and order of sale to satisfy the payment of taxes and special assessments, Hruska and Hanna notified the court the sewer district’s filings were the sole liens on their properties.

The landowners argued that Indiana Code section 13-26-14-4 prohibits foreclosure if sewer liens are the only type of liens on the property. Subsequently, the trial court ordered the properties belonging to Hruska and Hanna could not be sold at a tax sale.

TLRSD appealed, alleging the trial court misinterpreted the provision of the Indiana statute.

The Indiana Court of Appeals affirmed the judgment of the trial court in In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna & Equity Trust Co., FBO #80677 & Carroll Cnty, Indiana, by & through Carroll Cnty Auditor, 08A02-1303-MI-220.

The appeals court concluded the lower court properly determined that the statute bars foreclosure on the property at a tax sale when an unpaid sewer bill is the only lien. However, the COA pointed out, TLRSD can try to collect the unpaid bills by filing a civil action.  
 
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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