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Yahne Law PC
Business   |  Real Estate  |   Tax Sales   |   Commercial Litigation
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Tax Sales

If you purchased a tax sale certificate at a Property Tax Sale or Commissioner’s Sale in Lake County, Indiana or Porter County, Indiana, Yahne.Law will help you navigate the intracacies and complexities facing you as a certificate buyer. While acquisition of tax sale certificates presents a potentially significant investment and business opportunity, the selection of experienced legal counsel is essential to ensure that you safely navigate the minefield that lays between you and a tax deed is essential. And, if you did make a mistake by purchasing a tax sale certificate to a challenged parcel, such as the following examples Scott has encountered: landlocked property; a middle section of a warehouse without exterior access; and railroad property just to name a few, Yahne.Law can help with creative solutions.

Effective tax sale representation demands organization and diligence. Yahne.Law utilizes organizational aids developed over years of practice to effectively manage and meet the demands of tax sale practice and safely and efficiently traverse the potentially disastrous tax sale minefield. As a tax sale certificate purchaser, you are subject to varying deadlines to issue right of redemption notices. Not later than nine months after the date of the tax sale or 90 days after the assignment of a commissioner’s certificate, a certificate buyer is required to give notice to any person with a substantial interest in the property that is of public record. IC 6-1.1-25-4.5. The required method, recipients and content of the notice is always under scrutiny in response to legal challenges and continues to evolve in response to decisions announced in those cases.

If the property is not redeemed within the defined statutory period, either 1 year or 120 days depending on the nature of the underlying sale, another set of notices must be again sent to the same recipients advising those recipients that a petition has been or will soon be filed asking for the issuance of a Tax Deed to the property. IC 6-1.1-25-4.6. Upon the filing of the petition, a hearing will be held to determine whether a Tax Deed should be issued. At or prior to the hearing, close scrutiny will be given to the manner of notice to confirm that the notice was delivered in substantial compliance with Indiana statutes, including but not limited to publication of the 4.5 and 4.6 notices. If these notices are not given or if the notices are not given in substantial compliance with the Indiana statutory requirements, the tax sale certificate will revert to the county executive. In some circumstances, the tax sale certificate buyer’s purchase money may be subject to forfeiture in addition to the lost opportunity cost and the transactional cost.