Roach v. Goebel, et al.
| Docket Number: | 2002-CA-00106-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Redemption of property - Notice requirements Judge(s) Concurring: Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Concurs in Result Only: McMillin, C.J., and Southwick, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 07-05-2001 Appealed from: Hancock County Chancery Court Judge: Thomas Wright Teel Disposition: JUDGMENT ENTERED WHICH SET ASIDE Case Number: 2000-167 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Perry L. Roach |
PATRICIA C. CHAMPAGNE |
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| Appellee: | Arlene K. Goebel and Salesha K. Trussell | ROLAND F. SAMSON SONIA LEE SHURDEN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Redemption of property - Notice requirements |
| Summary of the Facts: | Perry Roach filed a complaint to confirm tax titles and cancel clouds on certain property against Arlene Goebel and Salesha Trussell and various other defendants. The chancellor set aside the tax conveyance from the municipal clerk as well as the chancery clerk's conveyance. Roach appeals, and Goebel and Trussell cross-appeal. |
| Summary of Opinion Analysis: | The chancellor held the tax deed to Roach was void because the chancery clerk failed to comply with the statutory notice requirements related to the redemption of property sold at tax sales, and Roach argues that the tax conveyance was valid since the first attempt to notice the reputed landowner by mail was returned undelivered. When property is sold for unpaid county or municipal ad valorem taxes, the property owner must be given notice of his right to redeem the property within 180 days of, but no less than 60 days prior to, the expiration of the redemption period. Because Goebel was a nonresident, the chancery clerk was required to send her notice by certified or registered mail of her right to redeem this property at her usual street address or in the absence of a street address her post office address; in the event that notice was undeliverable as addressed, to search and inquire further in an effort to find an accurate street or post office address; to document that additional search by an affidavit specifying the particular acts of search and inquiry which is maintained as part of the permanent record in the clerk's office and noted on the tax sale records; and to file a second affidavit identifying the actions taken in seeking the address if after further search and inquiry the clerk was still unable to determine an appropriate address. In this case, the chancery clerk's office failed to comply with the statutory notice requirements. There is no affidavit from any person who actually undertook further search and inquiry to determine an appropriate address for Goebel. In the case of possible notice to Trussell under the resident provisions, the only resident notice requirement undertaken by the clerk was to publish notice in the newspaper. No further inquiry was undertaken. |
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