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Friday, October 21, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 2 NFP)

For publication opinions today (2):

James K. White and Wells Fargo Bank v. Susan Orth, Allen County Treasurer, and Lisbeth A. Blosser, Allen County Auditor - The case posted is a duplicate of Badawi, below. Ft. 1 on p. 3 of each opinion states:

This case involves the resolution of two separately filed cases involving virtually identical parties. Because the circumstances of the cases and the issues addressed are the same, we decide these two separate cases together in one opinion. However, the two appendices are paginated differently, so we will refer to each separately, using the property owner‟s name to differentiate between the two.
In Rick Badawi and Wells Fargo Bank, N.A. v. Susan Orth, Allen County Treasurer and Lisbeth A. Blosser, Allen County Auditor, an 8-page opinion, Judge Kirsch writes:
Wells Fargo Bank, N.A. (“Wells Fargo”) appeals the trial court's orders overruling Wells Fargo's objection to the issuance of a tax deed to two pieces of real estate. Wells Fargo raises the following restated issue for our review: whether the trial court erred when it overruled Wells Fargo's objection to the issuance of the tax deeds because Wells Fargo contends that the Allen County Treasurer and the Allen County Auditor (collectively, “Allen County”) did not properly serve two tax sale notices upon Wells Fargo. We affirm. * * *

The sending of tax sale notices is governed by statute, and the fact that the Indiana Supreme Court has set out a different procedure in the trial rules for service of process upon organizations is of no moment. Under both Indiana Code section 6-1.1-25-4.5(d) and section 6-1.1-25.4.6(a)(2), tax sale notices are required to be sent to “any person with a substantial property interest of public record at the address for the person included in the public record that indicates the interest.” Nowhere in the statute does it require compliance with Trial Rule 4.6 when sending tax sale notices. In the present case, Allen County sent both of the tax sale notices at issue by certified mail, return receipt requested, to the address listed in the mortgage document and to another local address. Therefore, as the tax sale notices were sent in accordance with the statutory requirements, we conclude that they comported with due process requirements. The trial court did not err in overruling Wells Fargo's objections to the issuance of the tax deeds for the Real Estate because Allen County properly served the tax sale notices on Wells Fargo.

NFP civil opinions today (1):

Marc K. Bergman v. Cynthia Bergman (NFP)

NFP criminal opinions today (1):

Michael J. Adkins v. State of Indiana (NFP)

Posted by Marcia Oddi on October 21, 2011 12:17 PM
Posted to Ind. App.Ct. Decisions