Jack and Sharon: In answer to your question about redemption periods, tax deeds, etc..... Fact is, that if the property was sold at a yearly tax sale for delinquent taxes and the new buyer was issued a tax certificate at the time of the sale, that buyer would not gain possession or a valid deed to the property for 1 year from the date of the certificate and only after which time all required notices are posted of record. It used to be 2 years from date. Changed about 7 years ago. If the record owner redeems the taxes, penalties and costs within the 1 year period, the record owner still owns the property and the buyer receives his money back. If he does not, the buyer at the sale will receive a tax deed from the County Commissioners signed by the Auditor. Could take up to six additional months. Then and only then can the buyer take possession of the property. There is a tremendous amount of case law in Indiana supporting this fact. I actually have been a part of it on certain occasions. Now, here's something else. If the property goes on the tax sale for 2 consecutive years and does not sell for lack of a bid. The county has the option to file a lien on the property with the clerk's office against the record owner and the property can then be advertised and sold at a separate sale of County owned excess property. If you buy this property in this manner, possession and a deed is issued generally by the court and happens pretty quickly and is final. Usually a matter of a few weeks if handled by a good county attorney or as soon as the money changes hands. It makes a difference as to how the property was sold and transferred as to how quick you could legally get on the property. Questions? Jon >From: Jb502000@aol.com >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] going after a cemetery for taxes >Date: Thu, 8 Nov 2001 09:06:14 EST > >In a message dated 11/8/01 7:42:34 AM US Eastern Standard Time, >mills@reliable-net.net writes: > > > > Actually, the taxes on this 2.64 areas were over $3,000. That was what >the > > new owner paid to buy the property. They may have been figuring in >those > > big trees he later sold and a handful of years of back taxes. > > > >Sharon, >If the Taxes were that high they had to have included several years. For >the >taxes to run that high the 2.64 acres with a cemetery taking up a goodly >amount of the ground, the property would have to be in a very high priced >area for one year to run that high. The taxes had to be delinquent for a >Tax >sale. The previous owner under Indiana Law has a grace period to reclaim >the >property, by paying up the purchase amount with interest. > Technically I don't think the Trees can be stripped until that time >has expired. If so and somehow some group, or person could redeem the land, >the sale price of the trees would apply to the payment. If the tree sale >brought $3,000 dollars the only thing owed would be the Interest, and I'm >not >sure about that because the property, minus the trees is not now worth what >it was at the time of the Tax sale. Also you can't buy property at a tax >sale and build a $150,000 house on it and expect the person redeeming the >property to come up with that amount, plus the sale amount. You may not >profit from a tax sale until the redemption time has expired. Sharon, you >mention a for profit group, do you mean someone who sells cemetery lots to >make a profit for themselves, or for money to apply to a long term >maintenance fund. Anyone have any better information? >Jack E. Briles, Sr. >Floyd County PCRP Coordinator >PO Box 444 >New Albany, In. 47151-0444 >(812) 282-6585 > > > > >==== INPCRP Mailing List ==== >This list is for discussion of topics related to the Indiana Pioneer >Cemeteries Restoration Project only. > _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp

Jon & all, "Sale of a Cemetery" laws will still apply here also. I do not think that they can sell it in that manner since there is an established Pioneer cemetery involved. Perhaps Jeannie and the DNR legal team could get involved here to protect the cemetery? Ernie At 09:33 PM 11/8/01, you wrote: Questions?

Jon, Thanks for this easy and understandable information. It appears as if the sale of this land was the latter type. I can see that the initial sale was 3 Mar 1999 on the day of the public "auction". The land must have been available for sale two years before that, as there was a rumor that a woman from another county had bought the church and was going to turn it into a home. Then we "heard" that the first sale fell through, the woman was convinced to abandon her idea by someone, and the second sale occurred. The property was taxed for 1996 and prior years. I'm sure there were public notices in the papers. Possession of the property did occur in June 1999. If this is the case, does that preclude action the county might have taken to except out the cemetery itself? Is there any action that can still be taken regarding the cemetery? There is one more little odd factor that may involve a third party. The back corner that may have been formerly covered with mature trees was never included in the deed for the church/cemetery. Nor was it included in the parcels deeded for the additions. At this point I don't know who owns that back fraction of an acre, nor do I know specifically that trees were cut from it. More deed research indicated. Thanks, Sharon Mills At 10:33 PM 11/8/01 -0500, you wrote: >Jack and Sharon: > >In answer to your question about redemption periods, tax deeds, etc..... > >Fact is, that if the property was sold at a yearly tax sale for delinquent >taxes and the new buyer was issued a tax certificate at the time of the >sale, that buyer would not gain possession or a valid deed to the property >for 1 year from the date of the certificate and only after which time all >required notices are posted of record. It used to be 2 years from date. >Changed about 7 years ago. If the record owner redeems the taxes, penalties >and costs within the 1 year period, the record owner still owns the property >and the buyer receives his money back. If he does not, the buyer at the sale >will receive a tax deed from the County Commissioners signed by the Auditor. >Could take up to six additional months. Then and only then can the buyer >take possession of the property. There is a tremendous amount of case law in >Indiana supporting this fact. I actually have been a part of it on certain >occasions. > >Now, here's something else. If the property goes on the tax sale for 2 >consecutive years and does not sell for lack of a bid. The county has the >option to file a lien on the property with the clerk's office against the >record owner and the property can then be advertised and sold at a separate >sale of County owned excess property. If you buy this property in this >manner, possession and a deed is issued generally by the court and happens >pretty quickly and is final. Usually a matter of a few weeks if handled by a >good county attorney or as soon as the money changes hands. > >It makes a difference as to how the property was sold and transferred >as to how quick you could legally get on the property. > >Questions? > >Jon > > >>From: Jb502000@aol.com >>Reply-To: INPCRP-L@rootsweb.com >>To: INPCRP-L@rootsweb.com >>Subject: Re: [INPCRP] going after a cemetery for taxes >>Date: Thu, 8 Nov 2001 09:06:14 EST >> >>In a message dated 11/8/01 7:42:34 AM US Eastern Standard Time, >>mills@reliable-net.net writes: >> >> >> > Actually, the taxes on this 2.64 areas were over $3,000. That was what >>the >> > new owner paid to buy the property. They may have been figuring in >>those >> > big trees he later sold and a handful of years of back taxes. >> > >> >>Sharon, >>If the Taxes were that high they had to have included several years. For >>the >>taxes to run that high the 2.64 acres with a cemetery taking up a goodly >>amount of the ground, the property would have to be in a very high priced >>area for one year to run that high. The taxes had to be delinquent for a >>Tax >>sale. The previous owner under Indiana Law has a grace period to reclaim >>the >>property, by paying up the purchase amount with interest. >> Technically I don't think the Trees can be stripped until that time >>has expired. If so and somehow some group, or person could redeem the land, >>the sale price of the trees would apply to the payment. If the tree sale >>brought $3,000 dollars the only thing owed would be the Interest, and I'm >>not >>sure about that because the property, minus the trees is not now worth what >>it was at the time of the Tax sale. Also you can't buy property at a tax >>sale and build a $150,000 house on it and expect the person redeeming the >>property to come up with that amount, plus the sale amount. You may not >>profit from a tax sale until the redemption time has expired. Sharon, you >>mention a for profit group, do you mean someone who sells cemetery lots to >>make a profit for themselves, or for money to apply to a long term >>maintenance fund. Anyone have any better information? >>Jack E. Briles, Sr. >>Floyd County PCRP Coordinator >>PO Box 444 >>New Albany, In. 47151-0444 >>(812) 282-6585 >> >> >> >> >>==== INPCRP Mailing List ==== >>This list is for discussion of topics related to the Indiana Pioneer >>Cemeteries Restoration Project only. >> > > >_________________________________________________________________ >Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp > > >==== INPCRP Mailing List ==== >This list is for discussion of topics related to the Indiana Pioneer >Cemeteries Restoration Project only. > > >