![]() The case law on these matters is clear that the purpose of tax sales is not to afford some stranger the opportunity to gain title to owner's property to his own great advantage and to the great disadvantage of the owner and his creditors. , as owner of record, and, having a $100,000.00 mortgage on a $200,000.00 home, is an interested party and are entitled to substantial notice and due process in this matter. 6-1.1-25-4.5 section 3(B) the purchaser shall give notice required by subsection (a) by sending a copy of the notice by certified mail to (1) owner of record at the time of the sale (et seq) and (2) any person with a substantial property interest of public record (et seq.1). It is interesting to note that Hidden Valley Lake Property Owners Association and Valley Rural Utility Company also did not receive the notice from Goodrich, although Goodrich also provided a notice of being sent to them but on April 2, 2002.Ĭertified mail by definition of the US Postal Service provides "proof of mailing and delivery". Both and denied ever receiving any notice dated however, both Objectors did receive the notice of Petition to Issue a Tax Deed filed and sent to Objectors on December 16, 2002. Goodrich upon cross-examination then said that he had made an error on the date of the notice and said they had been sent on April 2, 2002. however, the evidence is contradictory in that the actual notices which Goodrich testified that he sent to Objectors bear the date of and the copy of the certified mailing was dated April 2, 2002. introduced evidence which purported to show that he had complied with the notice requirements under I.C. The trial court took the matter under advisement and issued an order on April 22, 2003, denying Goodrich's petition to issue a tax deed and extending the redemption period for sixty days. ![]() On April 2, 2003, the trial court held a hearing, and Johnston and MainSource argued that Goodrich was not entitled to a tax deed because he had failed to comply with the notice provisions of Ind. On December 16, 2002, Goodrich filed a petition to issue a tax deed, but Johnston and MainSource Bank, formerly known as Peoples Trust Company ("MainSource"), the mortgage holder, filed objections. ![]() On October 18, 2001, property owned by Kristi Johnston with an address of 847 Walnut Ridge, Lawrenceburg, Indiana, was sold at a tax sale, and Goodrich was the successful bidder. ![]() Goodrich raises one issue, which we restate as whether the trial court abused its discretion by denying his motion for relief from judgment. Tony Goodrich appeals the trial court's denial of his motion for relief from judgment. IN THE MATTER OF THE SALE OF ) REAL PROPERTY WITH DELINQUENT ) TAXES OR SPECIAL ASSESSMENTS, ) ) TONY GOODRICH, ) ) Appellant-Petitioner, ) ) vs. ATTORNEYS FOR APPELLANT: ATTORNEY FOR APPELLEE: ![]()
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