![]() The notice was returned to the Auditor marked "Undeliverable as addressed. Two years later, in compliance with statute, the Auditor sent the Elizondos a "notice of tax sale redemption or issuance of tax deed" by certified mail to the Second Street address. The Reads purchased the property at a tax sale in August of 1984 for $85. This notice was returned to the Auditor stamped "Unclaimed." In compliance with statutory criteria, a notice of tax sale was placed in several local newspapers. No forwarding order on file." A review of the tax duplicate records first revealed that the Elizondos were in arrears and, thus, their property was eligible for tax sale.Ī courtesy letter was sent, followed by a certified mailing of the formal notice of tax sale, dated July 23, 1984. Tax statements sent to this address were returned marked "Unclaimed" or "Undeliverable as addressed. In 1984, they purchased a new residence and relocated again, moving to 1631 West Harrison, Plymouth, Indiana.Īll notices sent to the Elizondos by the Auditor were sent to the 213 North Second Street address. From 1983 to 1984, they resided at 310 South Plum Street, Plymouth, Indiana. During this period, the Elizondos moved twice. From 1981 to 1984, the real estate tax statements for the property were addressed to the Elizondos at 213 North Second Street, Plymouth, Indiana. At the time the Elizondos purchased the lot, they executed a real estate mortgage with First Source Bank ("the Bank") acting as mortgagee. The deed was properly recorded with the Marshall County recorder's office in September of 1979. ![]() *502 The Elizondos purchased a recreational lot at Yogi Bear Jellystone Park camp resort in Plymouth, Marshall County, Indiana, in 1979. We accept transfer to answer this question. The question squarely presented by the petition to transfer is whether the notice of tax sale utilized by the Auditor of Marshall County ("Auditor") was unconstitutionally defective. The Court of Appeals' decision effectively invalidated a tax sale of property owned by the Elizondos. The Auditor of Marshall County and Thomas and Jacqueline Read, tax sale purchasers, petition this Court to accept transfer after the Court of Appeals reversed the trial court's entry of summary judgment against Urbano and Irma Elizondo. Easterday, Sowinski, Easterday & Ummel, Plymouth, for Auditor, Marshall County. Fortin, Stevens, Travis, Fortin, Lukenbill & Burbrink, Plymouth, for the Reads. ![]() Read, and Auditor of Marshall County, 1ST Source Bank of South Bend f/k/a First Bank and Trust, Appellees. Urbano ELIZONDO and Irma Elizondo, Appellants, (Plaintiffs below) ![]()
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