Tax Deed Purchasers Beware: Due Diligence is Required

By Melissa De Groff, Kroger Gardis & Regas LLP

In a split decision, the Indiana Court of Appeals recently affirmed a trial courts’ decision to revoke a tax deed. In David L. Jenner and Vickie Jenner v. Bloomington Cellular Services, Inc. and Crown Castle South LLC, the majority of the Court determined that because the tax sale purchasers failed to notify interest holders outside the chain of title, they did not comply with the Indiana tax-sale statute, and were therefore not entitled to a tax deed for the property.

The property at issue was acquired by Bloomington Cellular Services, Inc., in 1988, (“BCS”) and its title interest was properly recorded. BCS subsequently merged with Westel Indianapolis Company (“Westel”), but Westel’s name was never substituted on the property’s title.

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