4albion
2confidencegames
2theleastofus
1transcendentalist
1trap
1empireofpain
2defense
3paradise
Anthony McCann2 360x1000
Maurice B Foley 360x1000
1albion
2transadentilist
3confidencegames
4confidencegames
7albion
Anthony McCann1 360x1000
2lookingforthegoodwar
Thomas Piketty2 360x1000
1lafayette
Samuel Johnson 360x1000
1confidencegames
Margaret Fuller5 360x1000
storyparadox2
LillianFaderman
1paradide
8albion'
3albion
George M Cohan and Lerarned Hand 360x1000
lifeinmiddlemarch2
AlexRosenberg
2trap
Stormy Daniels 360x1000
Lafayette and Jefferson 360x1000
2jesusandjohnwayne
2falsewitness
1jesusandjohnwayne
Margaret Fuller2 360x1000
Edmund Burke 360x1000
Betty Friedan 360x1000
Office of Chief Counsel 360x1000
2lafayette
3defense
Learned Hand 360x1000
Thomas Piketty1 360x1000
Gilgamesh 360x1000
199
2gucci
lifeinmiddlemarch1
Margaret Fuller1 360x1000
2paradise
11albion
6confidencegames
Margaret Fuller4 360x1000
Richard Posner 360x1000
9albion
1theleasofus
2albion
10abion
Ruth Bader Ginsburg 360x1000
James Gould Cozzens 360x1000
11632
Margaret Fuller 360x1000
Susie King Taylor 360x1000
Maria Popova 360x1000
1lookingforthegoodwar
399
1gucci
Susie King Taylor2 360x1000
Tad Friend 360x1000
13albion
5albion
1lauber
7confidencegames
Mark V Holmes 360x1000
Spottswood William Robinson 360x1000
Storyparadox1
Adam Gopnik 360x1000
Mary Ann Evans 360x1000
3theleastofus
12albion
5confidencegames
6albion
Margaret Fuller3 360x1000
499
George F Wil...360x1000
1falsewitness
14albion
Margaret Fuller 2 360x1000
1madoff
Thomas Piketty3 360x1000
Brendan Beehan 360x1000
storyparadox3
299
1defense
Originally Published on forbes.com on November 28th, 2011

______________________________________

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.