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Holland v. Lake County Treasurer

Court of Appeals of Indiana

December 17, 2014

ROBERT HOLLAND, Appellant/Intervenor,
v.
LAKE COUNTY TREASURER JOHN PATELAS, Appellee-Plaintiff

APPEAL FROM THE LAKE CIRCUIT COURT. The Honorable George C. Paras, Judge. Cause No. 45C01-1109-MI-115.

ROBERT HOLLAND, APPELLANT, Pro se, Gary, Indiana.

ATTORNEY FOR APPELLEE: DOUGLAS R. KVACHKOFF, Crown Point, Indiana.

RILEY, Judge. MATHIAS, J. and CRONE, J. concur.

OPINION

Page 841

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Intervenor, Robert M. Holland III (Holland), appeals the trial court's Order granting the issuance of a tax deed to Appellee-Petitioner, Lori Born (Born).

We dismiss without prejudice and remand for further proceedings.

ISSUE

Holland raises five issues on appeal, which we consolidate and restate as the following single issue: Whether Holland received insufficient notice of the tax sale proceedings in violation of his right to due process, thereby rendering Born's tax deed void.

FACTS AND PROCEDURAL HISTORY

On September 28, 2011, the Lake County Treasurer conducted a public sale of the real estate known as 1120 Baker Street in Gary, Indiana (Property) due to delinquent property taxes totaling $6,242.81. The Lake County Board of Commissioners acquired the Property and, on March 29, 2012, assigned the Tax Sale Certificate to Born as the highest bidder. The Tax Sale Certificate provided that Born would be entitled to a deed for the Property unless redeemed by the owner of record prior to July 27, 2012.

A title search identified Holland Real Estate, LLC (Company) as the owner of record and noted that Holland, the Company's managing member and registered agent, may also have an interest in the Property. On June 5, 2012, pursuant to Indiana Code section 6-1.1-25-4.5, Born submitted notice to Holland via certified mail, notifying him of her intent to file a petition for a tax deed on or after July 28, 2012. Born also published the notice in a local newspaper on June 12, 19, and 26, 2012. Holland acknowledged receipt of the notice, but he did not attempt to redeem the Property. Instead, on July 9, 2012, he filed a Motion to Set Aside Tax Sale and Tax Deed. Rather than using the same cause number under which the Property was ordered to be sold, Cause Number ...


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