Gibson v. Lawrence County Tax Claim Bureau

82 Pa. D. & C.4th 9
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedJanuary 11, 2007
Docketno. 70076BB-2006
StatusPublished

This text of 82 Pa. D. & C.4th 9 (Gibson v. Lawrence County Tax Claim Bureau) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. Lawrence County Tax Claim Bureau, 82 Pa. D. & C.4th 9 (Pa. Super. Ct. 2007).

Opinion

COX, J,

Before this court for disposition is plaintiff Grant K. Gibson’s petition to set aside tax sale and uphold the objections/exceptions to delinquent tax sale. For the reasons set forth in this opinion, this court grants plaintiff’s petition and sustains the objections/exceptions to the delinquent tax sale.

[11]*11FACTUALBACKGROUND

Lorraine M. Reeder and Michael Reeder, sister and brother-in-law of the plaintiff, were the owners of property situated at 2123 Portersville Road, Portersville, Lawrence County, Pennsylvania. The Reeders obtained the property in 2001. Subsequently, the Reeders failed to pay their 2004 real estate taxes and the property was subject to a tax upset sale, as the Lawrence County Tax Claim Bureau held their taxes as delinquent for that year. In January of 2006, prior to sending notice of the pending tax sale, the bureau performed a final update of their records of ownership. However, on February 9, 2006, the Reeders executed a deed to Grant K. Gibson, the plaintiff, which was recorded in Lawrence County Record Book Volume 1622, page 434 on February 16, 2006. On July 24, 2006, the bureau sent notice, in accordance with 72 P.S. §5860.602, to the Reeders, whom it believed to be the registered owners of the property. The property was also advertised in the newspapers and the Lawrence County Law Journal under the Reeders’ name. Additionally, the bureau posted notice of the tax sale on the property on September 6, 2006, as required by statute. Again, however, the posting listed the Reeders as the property owner. No notice was given from the bureau to the plaintiff and the record lacks any suggestion he ever received actual notice of the tax sale.

LEGAL ANALYSIS

Before commencing with a tax sale, the Due Process Clause of the Fourteenth Amendment requires that the tax claim bureau provide reasonable notice to apprise all interested parties of the pending action, thereby allowing [12]*12them an opportunity to present their objections. See Rice v. Compro Distributing Inc., 901 A.2d 570 (Pa. Commw. 2006). To ensure that this requirement is fulfilled, 72 P.S. §5860.602 demands that the tax claim bureau provide three different types of notice before commencing with a tax upset sale: (1) publication in two separate newspapers and once in the legal journal,1 (2) posting of notice on the property to be sold,2 and (3) mailing notice to the owners of the property.3 Additionally, the burden is placed upon the bureau to show full compliance with the statute. Michener v. Montgomery County Tax Claim Bureau, 27 D.&C.4th 269, 271-72 (Montg. Cty. 1994). (citations omitted)

In the case at hand, evidence provided to the court indicated that the bureau posted notice on the subject property within the statutory time period.4 Additionally, both counsel acknowledged notice was published in two separate newspapers and the Lawrence County Law Journal.5 Furthermore, it was stipulated that the Reeders received notice of the pending sale via postal delivery. However, the central issues of this case are (1) whether the bureau had the duty to discover plaintiff was the owner of the property and (2) whether the bureau’s failure to provide the current owner’s information in its [13]*13publications and posting, plus its failure to notify plaintiff via certified mail resulted in non-compliance with 72 P.S. §5860.602.

Under 72 P.S. §5860.102, “owner” is defined as:

“The person in whose name the property is last registered, if registered according to law, or, if not registered according to law, the person whose name last appears as an owner of record on any deed or instrument of conveyance recorded in the county office designated for recording and in all other cases means any person in open, peaceable and notorious possession of the property, as apparent owner or owners thereof, or the reputed owner or owners thereof, in the neighborhood of such property; as to property having been turned over to the bureau under article VII by any county, ‘owner’ shall mean the county.”

Under this definition, plaintiff is clearly the owner of the property. The facts demonstrate plaintiff duly recorded his deed in the Lawrence County Recorder of Deeds Office and, therefore, was the person in whose name the property was last registered according to the law. Defendant insists this information should not be attributable to its office because the bureau was last provided with an update on records of ownership in January of 2006. Defendant highlights the fact that the transfer of the subject property occurred subsequent to this latest update and, therefore, the bureau should not be required to discover this knowledge. Defendant contends that to require otherwise would be unduly burdensome on the bureau, given the fact that the office is understaffed and the time to research all properties subject [14]*14to an upset sale and provide the owners with notice is quite extensive.

Although the court understands the constraints faced by the defendant, the argument must fail based upon established precedent. In In re Tax Claim Bureau, German Township, 64 Pa. Commw. 374, 379, 439 A.2d 1349, 1352 (1982), the court held, “While it is not incumbent upon the bureau to make an exhaustive search of current landowners, knowledge of the tax collector or of the county assessment office is chargeable to the bureau.” (citations omitted) Here, the tax assessment office would have had notice of the transfer of ownership due to the recording of the deed. Further, it is the county that gives such information, including new ownership of property, to the local tax collectors. Additionally, on July 13,2006, the Perry Township taxes and Ellwood City School District taxes were issued in the plaintiff’s name. In light of these facts, this court opines that the bureau could have updated its records through various sources before sending notice. Accordingly, this court finds the bureau’s contention that it is unduly burdensome to update records before sending notice of the pending tax sale contrasts the facts of the case as well as established precedent. Thus, knowledge of the property transfer is chargeable to the bureau.

Next, it must be determined whether defendant had the duty to provide plaintiff with notice of the upset sale. The court finds that the facts of Wells Fargo Bank of Minnesota v. Tax Claim Bureau of Monroe County, 817 A.2d 1196 (Pa. Commw. 2003), closely resemble the facts presented in the case at bar and, therefore, most effectively provides guidance on the issues presented. In that case, Wells Fargo Bank of Minnesota became the [15]*15owner of the subject property on May 17, 2001.6 However, a deed to the property was not executed in favor of Wells Fargo until July 13, 2001. Additionally, the deed was not recorded until July 24, 2001.

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Related

Rice v. Compro Distributing, Inc.
901 A.2d 570 (Commonwealth Court of Pennsylvania, 2006)
Wells Fargo Bank of Minnesota, NA v. Tax Claim Bureau of Monroe County
817 A.2d 1196 (Commonwealth Court of Pennsylvania, 2003)
In re Tax Claim Bureau
439 A.2d 1349 (Commonwealth Court of Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
82 Pa. D. & C.4th 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-lawrence-county-tax-claim-bureau-pactcompllawren-2007.