Virginia on invalidating foreclosure sale

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Superior Court: The Superior Court for King County, No. Noe, J., on May 15, 1989, vacated the tax foreclosure judgment. On October 28, 1988, the summons and notice were published in the Seattle Times. The issuance and filing of a certificate of delinquency, as required by the statute, provides notice calculated to inform anyone who acquires a subsequent interest in the property.Supreme Court: Holding that the mortgagee's mistake in not paying the tax was not grounds for vacating the judgment, that there were insufficient findings of fact to determine whether the property description in the notice of foreclosure was sufficient, and that the county had provided notice to all parties who were entitled to receive notice, the court remands the case to the trial court to make a factual determination of the sufficiency of the property description. Market Place North is a mixed use condominium project, containing both commercial and residential condominiums. Second, Wilde's name and address cannot be said to be "reasonably ascertainable" since his deed of trust was not recorded until after the certificate of delinquency had been filed.The absence of a sufficiently accurate property description in the notice of a property tax foreclosure proceeding renders the tax foreclosure judgment void on its face.[4] Taxation Property Tax Foreclosure Notice Description of Property Sufficiency Purpose.Notice by publication or notice to the property owner is not sufficient. The Legislature added the words "and any person having a recorded interest in or lien of record upon the property" to the notice provisions, thereby requiring notice to owners and others with interests in the property. Third, there is the subsequent deed of trust held by Wilde. [9-11] The appropriate analysis to determine if a particular entity's interests received adequate notice can be derived from the reasoning in Mennonite.Notice by mail or other means is required if the name and address of the party is reasonably ascertainable. First, is there a "substantial property interest that is significantly affected by a tax sale"? To determine if a person has a substantial property interest, state law must be consulted.

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A party with a legally protected property interest in property that would be significantly affected by a tax sale is entitled to notice reasonably calculated to apprise the party of the pending tax sale. 707, 710, 740 P.2d 367, review denied, 109 Wn.2d 1012 (1987). Second, there are the covenants between Owners and Market Place North Condominium Association in the nature of condominium declarations.

The description should be liberally construed, and extrinsic evidence may be consulted.

[8] Taxation Property Tax Foreclosure Notice Description of Property Sufficiency Question of Law or Fact.

Due process requires that any party with a substantial property interest that would be significantly affected by a tax sale must be given notice of property tax foreclosure proceedings.

State law governs the existence of a substantial property interest.

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