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The staff of the Montgomery Central Appraisal District sincerely hopes that this website is of some value to you. Caldwell also acknowledged that the Bureau continued to receive payments from Queenan for almost another year; he explained that it was not uncommon for people to continue making payments and that some succeed in paying off arrears before the tax sale. Caldwell stated that all of Queenan's payments due up to August were, in fact, made. By order dated January 6, , the trial court denied Queenan's petition to set aside the tax sale. In response, 2 the trial court stated that any non-compliance with the Law's formal notice requirements is excused because Queenan had actual notice of the tax sale in July and August of , through personal service and posting, 3 and did not file a petition until May , almost three years later.
In addition, the trial court found the evidence sufficient to establish that Queenan entered into a payment plan, missed two payments, and did not make up the missed payments prior to the August 1st deadline. On appeal to this Court, 4 Queenan argues that the Bureau failed to establish compliance with the notice requirements of the Law. We note that a presumption of regularity attaches to tax sale cases; however, once exceptions to a tax sale are filed, the burden shifts to the tax claim bureau to show that proper notice was given.
The Law's notice provisions are to be strictly construed, and a tax claim bureau's failure to comply with all of the notice requirements ordinarily nullifies a tax sale. Cruder v. Section of the Law governs the form and content of notice and requires that notice of a tax sale include the purpose, time, and place of the sale, as well as the approximate upset price, a description of the property, and the name of the owner.
In relevant part, section a 3 states as follows:. In McKelvey v. In that case, realty taxes on acres of land were returned to the tax claim bureau for collection. The tax claim bureau sent a Notice of Return and Claim by certified mail to the owner, who had always lived at the property, and the owner signed the return receipt card on April 28, Because the taxes remained unpaid, the bureau sent the owner a Notice of Public Sale, also by certified mail, and the owner signed the return receipt card on May 30, The sheriff's office posted the property on July 10, , and at the same time, the deputy sheriff attempted to personally serve the owner with notice of the public sale by knocking on his door.
When there was no answer, the deputy sheriff left and took the notice with him. The sale proceeded as scheduled, and the property was sold on September 10, The owner did not file exceptions to the tax sale, and the bureau conveyed the property to the purchaser by deed recorded on December 17, On January 3, , the owner filed a complaint in equity seeking to set aside the tax sale on the ground that the bureau failed to provide him personal service of the sale or request the court's permission to waive that requirement.
The trial court conducted a non-jury trial, concluded that the failure to provide the owner personal service rendered the sale invalid, and set aside the sale by order dated August 27, On appeal in McKelvey, we agreed that the tax sale was invalid because the owner was not personally served with notice as required by section a 3 of the Law. In so holding, we rejected the argument that the property owner's actual knowledge of the tax sale rendered the personal service requirement of section a 3 unnecessary.
The provision sets forth only one exception, an order waiving the personal service requirement for good cause shown. The distinction between section , requiring personal service of notice to owner occupiers, and section , requiring notice by certified mail to all property owners, indicates that the legislature recognized a distinction between an owner who stands to lose his property and one who stands to lose his home as well.
By enacting section , the legislature expressed a desire to provide a qualitatively different type of notice to an owner occupant and afford such owner increased protection by way of additional notice. We conclude that the plain language of section a 3 and the inclusion of that notice provision in section date of sale , rather than with the other notice requirements set forth in section notice of sale , constitutes evidence of the General Assembly's intent to create a substantive prohibition to proceeding with a tax sale of property belonging to an owner occupier.
McKelvey, A. Thus, unless a taxing bureau obtains an order waiving the personal service requirement for good cause shown, its failure to comply with section a 3 of the Law will render a tax sale invalid. Queenan argues that because the sheriff's return did not include a copy of the notice, as required by section a 3 , the sheriff's return is insufficient to satisfy the Bureau's burden of proving compliance with that provision.
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