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Tax sale stands even though mortgage holder not notified

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The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.

In M&M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank, 03S04-1211-CC-645, the Supreme Court reversed the trial court and remanded. It ruled the requirement in Indiana Code 6-1.1-24.3(b) that a mortgage holder annually request a notice of a tax sale does not violate the 14th Amendment’s due process clause.

Monroe Bank, the mortgagee of the Ahlemeyer Farms, did not know the property was included in the Bartholomew County tax sale until after the buyer, M&M Investment, notified the bank.

Challenging the sale, the bank argued the statute mandating the mortgagee first request a notice of a tax sale before the county is required to provide a copy violates the 14th Amendment of the U.S. Constitution.

The bank asserted that under Jones v. Flowers, 547 U.S. 220 (2006) and Mennonite Bd. Of Missions v. Adams, 462 U.S. 791 (1983), due process requires the government to provide pre-tax sale notice by mail or personal service regardless of whether the mortgagee has requested it or not.

The Supreme Court was not persuaded to overturn two decades of precedent. The court did not want the state to take additional burdensome steps. It also questioned whether obligating the state to do more would be beneficial in today’s era of mortgaged-backed securities and trading.

Writing for the court, Justice Steven David held, “…Monroe Bank’s apparent alternative – that a county auditor be required to comb the files of the recorder’s office to see if a mortgage is recorded for a tax-delinquent property, assess whether the mortgage is still valid, and then determine whether the mortgage accurately reflects the mortgagee’s identity and address – remains unnecessary for two reasons: it would unreasonably tip the scales of our analysis by imposing too great a burden on the State, and the burdens this approach would impose would not result in a greater likelihood of successful notification.”

 

 

 

 
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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