Pharos-Tribune

August 1, 2013

PUBLIC FORUM: Letters from Thursday, Aug. 1, 2013


Pharos-Tribune

---- — Landowners should fightsale of their properties

In the battle with regional sewer districts across Indiana, it is important to note that upcoming tax sales in various courthouses across this state most likely have listed properties that are up for sale for sewer liens only!

Legislation has passed and the law now states that your property can not be sold at tax sale IF your property taxes are paid and the only lien on your taxes is a sewer lien!

Since the state tax department’s computers are not updated to block the addition of your property on the tax sale list, the responsibility is squarely on your shoulders “

If a property is listed on tax sale, the citizens with no taxes due and have only a sewer lien on their property must petition the Circuit Court to stop the sale.” You must act to protect your property! (See portion of code below)

See IC 13-26-14-5:

Liens for unpaid rates, fees, or charges

Sec. 4. Rates, fees, or charges made, assessed, or established by the district are a lien, in the same manner established under IC 36-9-23 for municipal sewage works, on a lot, parcel of land, or building that is connected with or uses the works of the district. Liens under this chapter:

(1) attach;

(2) are recorded;

(3) are subject to the same penalties, interest, and reasonable attorney’s fees on recovery; and

(4) shall be collected and enforced;

in substantially the same manner as provided in IC 36-9-23-31 through IC 36-9-23-34. A lien under this chapter that is the only lien on a property may not be foreclosed.

As added by P.L.131-2005, SEC.4. Amended by P.L.71-2011, SEC.3; P.L.97-2012, SEC.15.

I urge you to be certain that the sewer lien is the only lien on your property, that no taxes are due on your property and that you petition your Circuit Court to remove your property from the tax sale listing.

But, pay attention here – just because the county can not aid the sewer district by selling your home at tax sale doesn’t mean that the local regional sewer district is going to roll over and play dead! You must be prepared to hire an attorney to fight for your home because the RSDs are determined to make you pay and force you to connect or you will lose your home. They have your back against the wall — it is decision time.

Whatever you do, don’t let the state/county sell your home because they don’t have their computer programmed properly to protect those of you with only a sewer lien on your tax bill!

Contact me (Free Jefferson Township Citizens) for a copy of “Permission to Petition the Court” my e-mail address is fjtc1160@yahoo.com, then petition your court and make your decision to fight this abuse of your property rights. Then join with me in contacting the legislators! We must continue our efforts to make them aware of what is actually happening out here!

Pat Robertson

Free Jefferson Township Citizens