Rebuild America, Inc. v. Norris


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Docket Number: 2009-CA-01191-COA
Linked Case(s): 2009-CA-01191-COA ; 2009-CT-01191-SCT ; 2009-CT-01191-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-14-2010
Opinion Author: Griffis, J.
Holding: Affirmed.

Additional Case Information: Topic: Real property - Tax sale - Notice requirements - Section 27-43-3 - Section 27-43-7
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 07-20-2009
Appealed from: Hinds County Chancery Court
Judge: Patricia D. Wise
Disposition: SUMMARY JUDGMENT IN FAVOR OF TIM A. NORRIS SETTING ASIDE THE TAX SALE AND RESULTING TAX DEED OF HIS PROPERTY
Case Number: 2008-1891 W/4

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Rebuild America, Inc.




KIMBERLY PINE TURNER



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Tim A. Norris STEVE YOUNGER  

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    Topic: Real property - Tax sale - Notice requirements - Section 27-43-3 - Section 27-43-7

    Summary of the Facts: Rebuild America, Inc. filed suit to quiet and confirm tax title. Tim Norris filed his answer and a counterclaim to set aside the tax sale and confirm title. The chancellor found that the Hinds County Chancery Clerk had failed to provide the required notice to Norris. The chancellor denied Rebuild America’s claim to confirm the tax title and set aside the tax sale. Rebuild America appeals.

    Summary of Opinion Analysis: Rebuild America argues that the chancery court applied an incorrect legal standard in finding that the chancery clerk failed to follow the prescribed notice requirements of section 27-43-3. Section 27-43-3 requires redemption notice be given by personal service, by mail, and by publication in an appropriate newspaper. All three requirements must be met for the redemption notice to be complete and in accordance with the statute. Here, the sheriff posted the notice on Norris’s door. Posting notice on the door is not a method for personal service of process under M.R.C.P. 4. Accordingly, Norris was not given proper notice of the expiration of the redemption period because the sheriff never personally served him the notice. Further, the chancery clerk failed to provide proper notice to Delta Foundation, the lien holder of the property, as required by section 27-43-7. There is no evidence that the chancery clerk mailed notice to Delta Foundation. Under section 27-43-7, the notice should have been mailed to the address of the current lien holder.


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