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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

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  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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