Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (2024)

Track Case Changes
Download DocumentPrint Document

On August 23, 2022 aComplaint,Petitionwas filedinvolving a dispute betweenBrane, Lori,Brane, Michael,andfor TP - Verified Petition for Issuance of a Tax Deedin the District Court of Wabash County.

Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (1)

Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (2)

  • Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (3)
  • Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (4)
  • Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (5)
  • Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (6)
 

Preview

Filed: 8/23/2022 12:14 PMClerk Wabash County, Indiana STATE OF INDIANA ) IN THE WABASH CO. CIRCUIT COURT ) SS: 85C01-2208-TP-000508 COUNTY OF WABASH ) CAUSE NO. _____________________________ IN RE: THE PETITION OF Related to: Cause No. 85C01-1910-TS-852 MICHAEL BRANE AND LORI BRANE FOR ISSUANCE OF TAX DEED VERIFIED PETITION FOR ORDER FOR TAX DEED UNDER A SALE OF THE CERTIFICATE OF SALE OF PROPERTY Come now the Petitioners, Michael Brane and Lori Brane, and first being duly sworn upon their oaths, say: 1. On or about September 13, 2021, the Wabash County Treasurer and Auditor, pursuant to the provisions of Indiana Code 6-1.1-24-1 et seq., filed a Joint Application for Judgment and Order of Sale under Cause No. 85C01-2109-TS-000594, requesting that judgment be entered against certain specific tracts of real property, in favor of the State of Indiana, for the amount of taxes, special assessments, penalties and costs due severally on them, and that the Court also ordered the tracts and real property sold as the law directs. 2. On or about September 13, 2021, this Court entered its Judgment and Order of Sale in said cause. 3. Sale was conducted on April 12, 2021, and at said sale, petitioner purchased a Commissioners’ certificate of sale regarding the following described real estate located in Wabash County, Indiana, to wit: Lot Number One (1) in Parker’s Second Addition to the Town of LaFontaine according to the plat thereof recorded in Plat Record 4, page 18, in the Office of the Recorder of Wabash County, Indiana. Street address/commonly known as: 204 W. Kendall St., LaFontaine, IN 46940 with parcel identification number 85-19-27-203-075.000-006 (the “Real Property”) and a Commissioner’s sale certificate was issued to the petitioner on that date. 4. The statutory redemption period has expired. 5. The Real Property was not redeemed from the Commissioners’ Certificate sale. 6. All required taxes and special assessments, penalties, and costs with regard to the Real Property, if any were required, have been paid. 7. Petitioners have complied with all the provisions of law entitling it to a deed. Specifically, the owner of record at the time of the sale was Randall E. Bullard. The notices required by I.C. §6-1.1-25- 4.5 and 4.6 have been given to Randall E. Bullard and all entities that held a substantial property interest of public record in said property on the date and hour of said Commissioner’s Certificate sale. WHEREFORE, Petitioners pray that the Court, after thirty (30) days from the date of this Petition in which the owner of record at the time of the sale may object to this Petition, and if no objections are filed, grant the Petitioner’s Verified Petition for Order for Tax Deed; direct the Auditor of Wabash County, Indiana, to issue a tax deed to Michael Brane and Lori Brane for the real property described herein; and grant all other further, proper, and complete relief in the premises. Respectfully submitted, DOWNS TANDY & PETRUNIW, P.C. /s/ Jordan L. Tandy Jordan L. Tandy, Attorney No. 29511-30 99 West Canal Street Wabash, IN 46992 Telephone: (260) 563-7474 Fax: (260)563-7576 E-mail: jtandy@wabashlaw.com https://dtp users/jtandy/real estate/brane, lori/verified petition for order for tax deed.docx

Parties

  • Brane, LoriPetitioner

  • Brane, MichaelPetitioner

  • Jordan Lawrence TandyAttorney

Related Contentin Wabash County

Case

The Gingerich Group v. Aimee Stufflebeam

Aug 22, 2024 |Benjamin D. Vanderpool |EV - Evictions (Small Claims Docket) |EV - Evictions (Small Claims Docket) |85D01-2408-EV-000240

Case

RLW Accounts, LLC v. Jeremy Webb aka Jeremy Shawn Webb

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000627

Case

In Re: The Marriage of Shelley L Shidler and Troy Shidler

Aug 22, 2024 |DN - Domestic Relations without Children |DN - Domestic Relations without Children |85C01-2408-DN-000634

Case

Jefferson Capital Systems LLC v. DAWN WIIST

Aug 23, 2024 |CC - Civil Collection |CC - Civil Collection |85C01-2408-CC-000640

Case

PORTFOLIO RECOVERYASSOCIATES, LLC v. CASSIE TURLEY

Aug 19, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000621

Case

LVNV Funding LLC v. Tammy Rife

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000629

Case

LVNV Funding LLC v. Deon Bates

Aug 22, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000637

Case

In Re: the Estate ofRalph Marshall, JR

Aug 22, 2024 |EU - Estate, Unsupervised |EU - Estate, Unsupervised |85C01-2408-EU-000056

Case

Lawrence Kessler v. Randy Boring

Aug 23, 2024 |Benjamin D. Vanderpool |EV - Evictions (Small Claims Docket) |EV - Evictions (Small Claims Docket) |85D01-2408-EV-000241

Case

JOHN DEERE FINANCIAL, f.s.b. v. RYAN DONALDSON

Aug 21, 2024 |CC - Civil Collection |CC - Civil Collection |85C01-2408-CC-000632

Case

In Re: The Marriage of Luz Adriana Belli Chagala and Bethany D. Belli

Aug 19, 2024 |DN - Domestic Relations without Children |DN - Domestic Relations without Children |85C01-2408-DN-000622

Case

DISCOVER BANK v. KRISTIN REYNOLDS

Aug 22, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000633

Document

LVNV Funding LLC v. Tammy Rife

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000629

Document

PCA Acquisitions V, LLC v. DOLLIE TRESKA

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000624

Document

LVNV Funding LLC v. Melanie Giddens

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000628

Document

DISCOVER BANK v. CARMEN GOOD

Aug 21, 2024 |CC - Civil Collection |CC - Civil Collection |85C01-2408-CC-000630

Document

Jefferson Capital Systems LLC v. DAWN WIIST

Aug 23, 2024 |CC - Civil Collection |CC - Civil Collection |85C01-2408-CC-000640

Document

LVNV Funding LLC v. Melanie Giddens

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000628

Document

INTERRA CREDIT UNION v. CHEYANNE RUFF

Aug 19, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000623

Document

PCA Acquisitions V, LLC v. DOLLIE TRESKA

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000624

Document

PORTFOLIO RECOVERYASSOCIATES, LLC v. MELANIE GIDDENS

Aug 19, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000620

Document

LVNV Funding LLC v. Melanie Giddens

Aug 23, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000636

Document

LVNV Funding LLC v. Justin Poe

Aug 22, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000635

Document

LVNV Funding LLC v. Melanie Giddens

Aug 20, 2024 |CC - Civil Collection |CC - Civil Collection |85D01-2408-CC-000628

Petition for Issuance of Tax Deed - verified petition for order for tax deed under a sale of the certificate of sale of property August 23, 2022 (2024)

FAQs

Who gets the money from a tax deed sale in Florida? ›

When a property is sold at a tax deed sale, the proceeds first pay for the delinquent taxes and the costs of bringing the property to auction. Any surplus over the opening bid amount is deposited with the Clerk and Comptroller and subject to a registry fee.

Can you stop a tax deed sale in Florida? ›

Can the property owner stop the property from being sold for taxes? The property owner or mortgage holder may redeem the property from the tax deed sale by paying the amount owed. The total redemption amount is collected/paid to the office of the Tax Collector.

How does a tax deed sale work in California? ›

Tax-Defaulted Land Sales

The county tax collector must attempt to sell the property within four years of becoming subject to sale. The county tax collector may offer the property for sale at public auction, a sealed bid sale, or a negotiated sale to a public agency or qualified nonprofit organization.

Can property be redeemed after a tax deed sale in Florida? ›

Property may be redeemed any time prior to the issuance of a tax deed but cannot be redeemed once the Clerk has received full payment for the tax deed.

What is the difference between a tax deed and a tax certificate in Florida? ›

The main difference between the two is that with a tax lien certificate an investor is purchasing the right to collect the taxes and place a lien on a property, while with a tax deed, an investor is actually purchasing the property, by virtue of a tax deed for unpaid real property taxes, at auction.

What survives a tax deed sale in Florida? ›

For the most part, only liens of record that run with the land, or those held by a municipality or county survive a tax deed sale. A recurrent issue has been whether a tax deed sale extinguishes homeowners or condominium associations' liens or claims.

Does a mortgage survive a tax deed sale in Florida? ›

Does a tax deed wipe out a mortgage in Florida? Or for that matter, any state. The answer is, yes, a tax deed extinguishes a mortgage, and I'll explain why.

What happens when someone buys a tax certificate in Florida? ›

The person redeeming the tax certificate pays the interest rate bid or the mandatory charge, whichever is greater. Tax certificates are dated as of the first day of the tax certificate sale and expire after 7 years. Any tax certificate can be canceled or corrected if errors, omissions, or double assessments are made.

Who pays the taxes on the deed in Florida? ›

Because documentary stamp tax is set by the state government, it is standard practice in Florida for the seller to cover these costs, but it is not set in stone. Each party should make sure any purchase and sale agreement entered into explicitly states who will be the responsible party for such tax.

What happens if I pay someone else's property taxes in California? ›

The answer to what happens if anyone else pays my property taxes in Northern California is – nothing happens. Paying someone taxes doesn't make a person the property owner, but you'll become the owner if you purchase the tax deeds in the auction.

How long can property taxes go unpaid in California? ›

The default initiates a 5-year waiting period for residential properties and 3-year waiting period for non-residential commercial properties. During this time, the delinquent taxes, interest, and penalties are accumulating until they are all redeemed.

Is California a redeemable tax deed state? ›

The right to pay the property taxes in full to avoid the sale of the property ceases at the close of business, 5 p.m. PST, on the last business day prior to the tax sale. In the State of California, there is no extended right of redemption.

How long do you have to hold a tax deed in Florida? ›

21What is A Tax Deed Application? A Tax Certificate may be held for a minimum of two years, but not more than seven years. At any time between the second and seventh year, the Tax Certificate holder may request the sale of the property to satisfy the Tax Certificate.

What happens if I pay someone else's property taxes in Florida? ›

If you pay someone else's land taxes in Florida, you do not automatically obtain property ownership. Still, you may be able to initiate a tax deed application process if the taxes remain unpaid by the original owner.

How long can you go without paying property taxes in Florida? ›

Property owners have 2 years from the date taxes become delinquent (April 1st) before they risk loss of the property. As stated in Florida Statute 197.502, after the 2 year period has elapsed and taxes remain unpaid, the certificate holder may file a tax deed application with the Tax Collector's office.

How do I claim surplus proceeds of a tax deed sale in Florida? ›

The claim shall contain:
  1. Completed Tax Deed Claim Form, signed and notarized.
  2. Copy of claimants' photo identification (State issued ID, Driver's License, or Passport).
  3. If you are claiming on behalf of the titleholder, a notarized Power of Attorney and W-9 must be included.
  4. Any supported documentation.

Does a tax deed sale wipe out a mortgage in Florida? ›

Home - Articles - Does a Tax Deed Wipe Out a Mortgage in Florida? Does a tax deed wipe out a mortgage in Florida? Or for that matter, any state. The answer is, yes, a tax deed extinguishes a mortgage, and I'll explain why.

References

Top Articles
Latest Posts
Article information

Author: Twana Towne Ret

Last Updated:

Views: 5942

Rating: 4.3 / 5 (44 voted)

Reviews: 91% of readers found this page helpful

Author information

Name: Twana Towne Ret

Birthday: 1994-03-19

Address: Apt. 990 97439 Corwin Motorway, Port Eliseoburgh, NM 99144-2618

Phone: +5958753152963

Job: National Specialist

Hobby: Kayaking, Photography, Skydiving, Embroidery, Leather crafting, Orienteering, Cooking

Introduction: My name is Twana Towne Ret, I am a famous, talented, joyous, perfect, powerful, inquisitive, lovely person who loves writing and wants to share my knowledge and understanding with you.