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13albion
Thomas Piketty1 360x1000
Richard Posner 360x1000
1confidencegames
Office of Chief Counsel 360x1000
1lafayette
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Lafayette and Jefferson 360x1000
2confidencegames
2lafayette
1madoff
George F Wil...360x1000
Edmund Burke 360x1000
8albion'
9albion
AlexRosenberg
2transadentilist
2lookingforthegoodwar
6confidencegames
Stormy Daniels 360x1000
5albion
LillianFaderman
6albion
Anthony McCann1 360x1000
2gucci
1paradide
14albion
Ruth Bader Ginsburg 360x1000
2falsewitness
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Susie King Taylor2 360x1000
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2trap
1albion
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Margaret Fuller2 360x1000
10abion
12albion
1transcendentalist
Betty Friedan 360x1000
1empireofpain
3defense
5confidencegames
1lauber
2defense
1jesusandjohnwayne
7albion
storyparadox2
George M Cohan and Lerarned Hand 360x1000
2albion
Mark V Holmes 360x1000
2paradise
4confidencegames
1theleasofus
1falsewitness
3confidencegames
399
Margaret Fuller 360x1000
James Gould Cozzens 360x1000
1defense
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Tad Friend 360x1000
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Storyparadox1
11632
3theleastofus
Thomas Piketty2 360x1000
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Maria Popova 360x1000
Margaret Fuller4 360x1000
4albion
11albion
299
2jesusandjohnwayne
Adam Gopnik 360x1000
199
1trap
499
Margaret Fuller 2 360x1000
Brendan Beehan 360x1000
2theleastofus
7confidencegames
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Margaret Fuller3 360x1000
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Maurice B Foley 360x1000
Learned Hand 360x1000
1gucci
3albion
Samuel Johnson 360x1000
Originally Published on forbes.com on November 28th, 2011

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I recently wrote about the rather distasteful topic of Indiana tax deeds.  As I noted in a previous post, several states including Florida have a similar system.  The latest case on the topic in Indiana Wells  Fargo versus Allen County emphasizes a point that  John Waller ,who blogs on commercial foreclosure, made.  He pointed out that the system presents a hazard to secured lenders, since the tax deed obliterates all existing liens and the rules about providing notice to secured lenders are a little sketchy.  That’s what brought Wells Fargo into the Indiana Appeals Court on two properties that went to tax deeds.  Wells Fargo claimed that they did not receive proper notice.
In June 2010, Allen County sent by certified letter, return receipt requested, the Notice of the Right of Redemption required by Indiana Code section 6-1.1-25-4.5(a)(3) to the properties’ owners and to Wells Fargo. The notices were mailed to “Wells Fargo Bank NA, 111 E. Wayne St., Fort Wayne, IN 46802” (“111 E. Wayne St. address”) and to “Wells Fargo Bank NA, P. O. Box 5137, Des Moines, IA 50306,” (“P.O. Box 5137 address”) which was the address set forth in the mortgage documents.

Apparently did not react.  They did react several months later:

On November 3, 2010, Allen County moved the trial court for an order authorizing it to issue tax deeds for the various properties sold at the October 2009 tax sale that had not already been redeemed, including theReal Estate. On December 3, 2010, Wells Fargo filed an objection to the petition for issuance of a tax deed as to the Real Estate. A hearing was held on Wells Fargo’s objection, and on December 17, 2010, the trial court issued an order overruling the objection and authorizing the issuance of tax deeds for the Real Estate. Wells Fargo now appeals.
Too late.

Wells Fargo argued that the county should have made service on an executive officer or an appointed agent. The Court was not buying it:

Nowhere in the statute does it require compliance with Trial Rule 4.6 when sending tax sale notices. In the present case, Allen County sent both of the tax sale notices at issue by certified mail, return receipt requested, to the address listed in the mortgage document and to another local address. Therefore, as the tax sale notices were sent in accordance with the statutory requirements, we conclude that they comported with due process requirements. The trial court did not err in overruling Wells Fargo’s objections to the issuance of the tax deeds for the Real Estate because Allen County properly served the tax sale notices on Wells Fargo.
So Wells Fargo no longer has a security interest in two properties because it was not monitoring its mail well enough.  I can’t say that this one upsets me that much, although it is exactly what John Waller was writing about.  Lenders in Indiana really need to make sure that property taxes are being  paid.