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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37055
Experience:  Texas Attorney for 30 years dealing in real estate
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We purchased property at tax sale. The redemption period is

Customer Question

We purchased property at tax sale. The redemption period is up and we need to file a verified petition the court to order the auditor to issue a tax deed. What is the correct for to petition the judge?
JA: Since laws vary from place to place, what state is this in?
Customer: Indiana
JA: Has any paperwork been filed?
Customer: We have Tax Sale Certificate and we mailed notices after the sale to the previous owners. We are in the 90 day period to petition the court.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.
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INDIANAPOLIS, IN

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800.800.

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INFORMATION FOR LIEN BUYERS

IN THE EVENT THE PROPERTY IS REDEEMED

Property sold in the Commissioners’ Certificate Sale may be red

eemed at any time within one hundred twenty (120)

days after the date of the Commissioners’ Certificate Sale.

When property is redeemed in connection with the

Commissioners’ Certificate Sale, the County Auditor will notify the lien buyer and the tax sale certificate must be

surrendered to the Auditor's office as soon as possible. When

a lien buyer surrenders a tax sale certificate upon

redemption, the lien buyer will receive a refund equal to the p

urchase price, plus ten perc

ent (10%) interest thereon,

plus all prior and properly filed 137 B costs, which may includ

e attorneys’ fees and costs of giving notice under IC 6-

1.1-25-4.5, the cost of a title

search and all taxes and specia

l assessments paid by the lien buyer on the redeemed

property after the sale (plus interest at the rate of ten perce

nt (10%) per annum on the subsequent taxes and special

assessments paid by the lien buyer).

INFORMATION FOR

LIEN BUYERS

IN THE EVENT THE PROPERTY IS NOT REDEEMED

If the property for which a lien buyer purchased a tax sale cer

tificate at the Commissioners’ Certificate Sale is not

redeemed during redemption period, the lien buyer must comply with additional statutory requirements in order to

obtain a tax deed. These requirements are codified, generally,

at IC 6-1.1-25-4.6.

After the expiration of the redemption period but not later than three (3) months after the

expiration of the period of redemption,the lien buyer

or its assignee may file a verified petition with the court having jurisdiction over the tax sale for an order directing the

County Auditor to issue a tax deed to the lien buyer.

In addition to the filing of the petition, lien buyers are required to

send notice of the petition as provided in IC 6-1.1-25-4.6. Lien buyers are strongly encouraged to hire an attorney to

assist them with the legal steps required to obtain a tax deed.

The Court having jurisdiction over the tax sale will direct the

County Auditor to issue a tax deed to a lien buyer if the

court finds that the following conditions exist:

1.

The time of redemption has expired;

2.

The tract or real property has not been redeemed from the sale

before the expiration of the period of redemption;

3.

Except with respect to a petition for the issuance of a tax deed under a sale of the certificate of sale on the

property under IC 6-1.1-24-6.1, all taxes and special assessments, penalties, and costs have been paid;

4.

The notices required by IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 have been given; and

5.

The petitioner has complied with

all the provisions of law entitling the petitioner to a deed.

Lien buyers who receive a court order directing the County Audi

tor to issue a tax deed should transmit the court order

and the tax sale certificate to the County Auditor. Within a reasonable time period following receipt of the court order

and tax sale certificate, the County Auditor will issue a tax deed to the lien buyer.

Expert:  Ray replied 1 month ago.

Here is the petition you are asking for to file for the tax deed

https://www.pdffiller.com/100393530-07291402jgbpdf-The-Petition-of-John-Oberleas-for-Issuance-of-Tax-Deed-Tax----INgov-

I appreciate the chance to help, good luck with the property here.

Thanks again.

Expert:  Ray replied 1 month ago.

Case law on giving proper notice, notice is totally critical..

Here in Indiana the case of 219 Kenwood Holdings v. Properties 2006, 2014 Ind.App. LEXIS 512 (Ind.App. 2014), set out the requirements for the notice that must be provided by a tax sale purchaser to the property owner.

Unexpected Holdings, LLC purchased a property in Lake County, Indiana at a tax sale on April 25, 2013, and the rights related to that purchase were assigned to Properties 2006, LLC. On June 21, 2013, Properties 2006, LLC sent notice of its purchase and its intent to petition for a tax deed to the owner, 219 Kenwood Holdings, LLC, as required by Indiana Code § 6-1.1-25-4.5. The notice provided “A petition for a tax deed will be filed on or after August 24, 2013.” On August 30, 2013, Properties 2006, LLC sent notice to the owner that it had petitioned for a tax deed, as required by Indiana Code § 6-1.1-25-4.6.

Attempting to set aside the sale, 219 Kenwood Holdings, LLC argued that the first notice provided by the tax sale purchaser did not satisfy the statutory requirements. Indiana Code § 6-1.1-25-4.5(e) provides fifteen (15) requirements for that notice, although only the following two (2) requirements were in dispute in the case:

The notice that this section requires shall contain at least the following:

  • A statement that a petition for a tax deed will be filed on or after a specified date.
  • The date on or after which the petitioner intends to petition for a tax deed to be issued.

The owner argued that (a) Section 4.5(e) required two (2) separate statements to satisfy requirements (1) and (2), and (b) Section 4.5(e)(2) requires a prediction as to the date on which the tax deed would be issued. The Court found both arguments unavailing. The Court acknowledged the partial redundancy of (1) and (2) and determined that a single statement that a petition for tax deed would be filed on or after a specific date, as had been provided to the owner in this case, satisfied both (1) and (2). Furthermore, predicting the date the deed would be issued would only be required under Section 4.5(e)(2) if the phrase “to petition” were omitted from the provision. Consequently, the provided notice satisfied the statutory requirements, and the Indiana Court of Appeals affirmed that the purchaser was entitled to the issuance of a tax deed.

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