Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
In M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank, a 12-page opinion, Judge Kirsch writes:
...
[II. Constitutionality of Indiana Code Section 6-1.1-24-3] We therefore conclude that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected. The trial court correctly denied M & M’s petition for a tax deed. Affirmed.http://www.indianalawblog.com/
