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Mennonite Board of Missions v. Adams

Supreme Court of the United States · 1983 · Civil Procedure

Civil ProcedureDue ProcessNoticeTax SaleFourteenth AmendmentDue Process Clausenoticepublication

Facts

Moore executed a recorded mortgage in favor of Mennonite Board of Missions (MBM) on Indiana property, and under the mortgage she was responsible for paying property taxes. When Moore failed to pay taxes, Elkhart County initiated tax-sale proceedings and gave the notices required by Indiana law: posting, publication, and certified mail to the owner, but no mailed or personal notice to MBM. The property was sold to Adams, and neither Moore nor MBM redeemed it during the two-year redemption period. MBM learned of the sale only after the redemption period expired, at which point Moore still owed MBM money on the mortgage.

Issue

Whether notice by publication and posting, together with mailed notice to the property owner but not to the mortgagee, provides a mortgagee of real property constitutionally adequate notice of a proceeding to sell the mortgaged property for nonpayment of taxes.

Rule

Before the State takes action that will adversely affect a protected property interest, due process requires notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and allow them an opportunity to object. When a mortgagee is identified in a publicly recorded mortgage and its name and address are reasonably ascertainable, constructive notice by publication must be supplemented by mailed notice to the mortgagee's last known available address or by personal service; unless the mortgagee is not reasonably identifiable, publication alone is insufficient.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Dayton, Ohio, Nora Ellis bought a duplex using a loan from Oak Harbor Lending, and the mortgage was promptly recorded. After Nora fell behind on property taxes, Montgomery County published notice of a tax sale in a newspaper, posted notice at the courthouse, and mailed notice only to Nora before selling the property.

If Oak Harbor Lending challenges the sale on due process grounds, what is the strongest argument?

Explanation. Due process requires notice reasonably calculated to apprise interested parties of a proceeding affecting their property interests. A recorded mortgagee has a substantial property interest significantly affected by a tax sale, and when the mortgagee's identity and address are reasonably ascertainable, publication must be supplemented by mailed notice or personal service. Notice only to the owner is not an adequate substitute.