William H. Holland v. Jeffery L. King

William Holland, former property owner, filed a complaint to quiet title against the tax deed of Jeffrey King and First National Bank of Richmond. The parties stipulated the facts. After a hearing, the trial court granted purchaser Kings motion for summary judgment and found notice by certified mail to Holland at his last known address met the statutory notice requirements under IND. CODE 6-1.1-24-4 [notice to owner of tax sale] and IND. CODE 6-1.1-25-6 [notice to owner before issuance of tax deed] as well as constitutional due process notice requirements. Holland appeals and argues the Wayne County Auditor did not provide actual notice to him of the tax sale or the issuance of the tax deed and that notice by certified mail to the former owners last known address is insufficient to meet both statutory and constitutional requirements when the notice was sent to an incorrect address and returned to the Auditor as unclaimed or moved-not forwardable. In addition, Holland argues summary judgment was erroneous because, although the parties stipulated the facts, the inferences arising from the facts are disputed and require trial for resolution.