Halifax Financial Group, L.P. v. Nance

813 N.E.2d 805, 2004 Ind. App. LEXIS 1670, 2004 WL 1858242
CourtIndiana Court of Appeals
DecidedAugust 20, 2004
DocketNo. 22A01-0402-CV-84
StatusPublished
Cited by4 cases

This text of 813 N.E.2d 805 (Halifax Financial Group, L.P. v. Nance) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halifax Financial Group, L.P. v. Nance, 813 N.E.2d 805, 2004 Ind. App. LEXIS 1670, 2004 WL 1858242 (Ind. Ct. App. 2004).

Opinion

OPINION

BAILEY, Judge.

Case Summary

Appellant-Petitioner Halifax Financial Group, L.P. ("Halifax") appeals an order of the trial court denying its petition for a tax deed to real property purchased at a tax sale and ordering the Floyd County Auditor ("Auditor") to permit Appellee-Re-spondent Regional Bank to redeem the tract outside the one-year redemption period of Indiana Code Section 6-1.1-25-4. We reverse and direct judgment for the tax purchaser.1

Issue

Halifax presents a single issue for review: whether the trial court determined the tax sale to be invalid because of its misinterpretation of the notice requirements of Indiana Code Section 6-1.1-25-4.6.

Facts and Procedural History

Margaret Nance ("Nance") purchased real estate located in Floyd County, Indiana commonly known as 1721 Miller-wood Drive, New Albany, upon which Regional Bank held a mortgage ("the Nance Property"). Nance became delinquent in the payment of her real estate taxes and, on August 9, 2002, the Auditor sent a pretax sale notice to Nance, via certified mail, at the Millerwood address. The postal carrier thrice attempted to deliver the notice, but ultimately returned it as unclaimed.

On August 29, 2002, September 5, 2002, and September 12, 2002, the Auditor published notice of the pending tax sale of the Nance Property in a New Albany newspa[807]*807per. On October 2, 2002, Halifax bid $33,000.00 at a tax sale and purchased the Nance Property.

On April 28, 2008, Halifax sent, via certified mail, a Notice of Tax Sale to Nance at 1721 Millerwood Drive, New Albany. The postal carrier thrice attempted to deliver the notice, but ultimately returned it as unclaimed. On June 183, 2008, Halifax sent, via certified mail, a Notice of Tax Sale to Regional Bank. Regional Bank courier Bob Etheridge signed for the certified mail on June 16, 2008. Nevertheless, the notice apparently was not forwarded to the appropriate department within Regional Bank. Also on June 13, 20083, Halifax sent, via certified mail, notices of tax sale to Associates Financial Services Company of Indiana, Inc. and Mutual Hospital Service, Inc. Those notices were timely claimed.

On October 3, 2008, one day after the expiration of the statutory redemption period of Indiana Code Section 6-1.1-25-4, Halifax filed a "Verified Petition for Order Directing the Auditor of Floyd County, Indiana to Issue Tax Deed." (App. 14.) Also on that date, Halifax sent Nance a notice of its petition for tax deed, via certified mail. The certified mail was returned as unclaimed after three unsuccessful attempts at delivery. Also on that date, Halifax sent notices of its petition for tax deed, via certified mail, to Regional Bank, Associates Financial Services Company of Indiana, Inc. and Mutual Hospital. Each of the latter three notices was timely claimed.

On October 16, 2008, Regional Bank filed its "Objection to Verified Petition to Direct County Auditor to Issue a Tax Deed." (App. 32.) Regional Bank filed an Amended Objection on November 8, 2008. On November 25, 20083, the trial court heard evidence relative to the petition for tax deed and objection. On December 9, 2003, the trial court issued an order denying Halifax's petition for a tax deed and ordering the Auditor to permit Regional Bank's redemption of the Nanee Property. On December 12, 2003, Regional Bank tendered $9,650.34 to the Auditor to redeem the Nance Property. The trial court denied Halifax's motion to correct error and this appeal ensued.

Discussion and Decision

-I. Standard of Review

The trial court specified that its order denying the tax deed petition and allowing Regional Bank's redemption of the Nance Property derived from its interpretation of Indiana Code Section 6-1.1-25-4.6. The interpretation of a statute by a trial court is a question of law to which this Court owes no deference. Morgan County v. Ferguson, 712 N.E.2d 1038, 1043 (Ind.Ct.App.1999). The foremost objective in statutory interpretation is to determine and effect the legislative intent, giving words and phrases their plain, ordinary and usual meaning unless a different purpose is manifested by the statute. In re Visitation of J.P.H., 709 N.E.2d 44, 46 (Ind.Ct.App.1999). Statutes relating to the same general subject matter are in pari materia and should be construed together so as to produce a harmonious statutory scheme. Id. Moreover, we will reject an interpretation of a statute that produces an absurd result. Id.

II. Analysis

At the outset, we observe that if an owner of real estate fails to pay his or her property taxes, the property may be sold in an effort to satisfy the tax obligation. Reeder Associates II v. Chicago Belle, Ltd., 778 N.E.2d 828, 831 (Ind.Ct.App.2002). The Auditor and Treasurer of the county in which the property is located may initiate a civil action against the property to reduce the tax liability to a judg[808]*808ment, and have the property sold. Indiana Code sections 6-1.1-24-1 through-14, and 6-1.1-25-1 through-19 govern the tax sale process. While the issuance of a tax deed creates a presumption that a tax sale and all the steps leading to the issuance of the tax deed are proper, the presumption may be rebutted by evidence to the contrary. Reeder, 778 N.E.2d at 831. Title conveyed by a tax deed may be defeated if the notices were not in substantial compliance with the manner prescribed in accordance with our notice statutes, Indiana Code Sections 6-1.1-25-4.5 and 4.6. Shenvar v. Johnson, 741 N.E.2d 1275, 1280 (Ind.Ct.App.2001), trans. denied.

Our supreme court succinetly set forth the statutory framework applicable to this case in Tax Certificate Invs., Inc. v. Smethers, 714 N.E.2d 131, 133 (Ind.1999). In part, a purchaser of Indiana real property that is sold for delinquent taxes initially receives a certificate of sale. Ind. Code § 6-1.1-24-9. A one-year redemption period by the occupant or person with a substantial property interest of public record ensues. Ind.Code §§ 6-1.1-25-1, 4. If the owner or interested party fails to redeem the property during that year by paying all back property taxes, costs, expenses and interest charges, a purchaser who has complied with the statutory requirements is entitled to a tax deed. Ind. Code § 6-1.1-25-4. The property owner and any person with a substantial property interest of public record must each be given two notices. Ind.Code §§ 6-1.1-25-4.5, -4.6.

The first notice announces the fact of the sale, the date the redemption period will expire, and the date on or after which a tax deed petition will be filed.

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Bluebook (online)
813 N.E.2d 805, 2004 Ind. App. LEXIS 1670, 2004 WL 1858242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halifax-financial-group-lp-v-nance-indctapp-2004.