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Tax sale petitions OK because of lack of notice

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The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.

In both of the cases - Kimberly Neace v. Vinod C. Gupta, No. 24A01-0806-CV-255, and Kenneth Edwards v. Kimberly Neace, No. 24A04-0807-CV-401 - Neace had appealed the sale of parcels of property to Vinod Gupta and Kenneth Edwards. The Franklin County Auditor's office had an incorrect address listed for Neace, causing the pre-sale and post-sale notices of the tax sales and the petition for a tax deed to be returned as unclaimed or undeliverable.

The tax sale occurred in September 2005, and the tax deeds were ordered in January 2007 in both sales. Neace didn't learn of the sales until April 2007 and petitioned the court to set aside the sales, alleging she didn't receive notice.

In Neace v. Gupta, the trial court granted Gupta's motion to dismiss her petition. The Indiana Court of Appeals reversed, ruling that although there is a 60-day statutory limit to appeal the order to issue a tax deed, an exception may be made when the petition for relief from judgment alleges the tax deed is void due to inadequate notice, wrote Judge Nancy Vaidik, who authored both opinions. The exception allows for an appeal to be brought under insufficient notice within a reasonable time frame. The appellate court had previously found a delay of more than four months to be reasonable in the case Diversified Investments v. U.S. Bank, NA, 838, N.E.2d 536, 544 (Ind. Ct. App. 2006). The Court of Appeals remanded for the trial court to hold the evidentiary hearing provided for by Ind. Trial Rule 60(D).

In Edwards v. Neace, Edwards appealed the trial court denial of his motion to correct errors after the court set aside the tax deed issued to him. Edwards argued the trial court lacked subject matter jurisdiction over Neace's petition since she filed it after the 60-day time limit. However, because Neace alleges insufficient notice of the sale and order to issue the tax deed, the trial court did have subject matter jurisdiction over her petition, wrote Judge Vaidik.

When notices are returned as undeliverable, further, practical action must be taken to attempt to notify an interested party of tax sale proceedings, she wrote.

The county auditor should have been aware there was a discrepancy in Neace's record since the "property address" was listed in Ohio and not in Indiana. Neither Edwards nor the auditor sent notice to her address of record instead of the property address, making the notices constitutionally insufficient, she wrote.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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