17 N.E.3d 275
Ind. Ct. App.2014Background
- Old Avon (Avon Leasing and related entities) owned a mobile home park; Bank of America foreclosed on the real estate and the park realty was sold; New Avon later purchased the real estate but did not purchase the mobile homes that sat on the lots.
- Several mobile homes remained on the lots; New Avon executed lot leases with tenants occupying seven disputed homes in early 2012.
- New Avon sent a first certified notice (May 29, 2012, postmarked May 30) to recorded owners (Avon Leasing) under Ind. Code ch. 9-22-1.5, then a second certified notice dated June 13, 2012; New Avon advertised and held an auction on July 9, 2012 and acquired title to 17 homes (no outside bidders, so title reverted to New Avon by statute).
- MHMI purchased 21 mobile homes from Avon Leasing on July 15, 2013 (including the 17 New Avon claimed) and sought title issuance from the county treasurer; a title dispute ensued and the treasurer did not issue new certificates pending resolution.
- New Avon sued for declaratory judgment asserting ownership; MHMI counterclaimed. The trial court granted summary judgment to New Avon; MHMI appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether New Avon complied with timing requirements of Ind. Code ch. 9-22-1.5 for abandoning and auctioning mobile homes | MHMI: The statute requires two separate 30-day waiting periods (one after the first notice, one after the second), so New Avon’s timeline was too short and auction was void | New Avon: The entire process (from first notice to auction) may be completed within 30 days, so its notices and auction were timely | Court: Held MHMI’s reading controls — statutes require at least 30 days after first notice and at least 30 days after second notice; New Avon failed to comply and auction is void |
| Whether New Avon’s auction conveyed title absent BMV transfer filings | MHMI: Even if auction occurred, statutory defects voided the sale so New Avon has no title; MHMI’s later purchase from Avon Leasing is valid | New Avon: Auction gave it title under the abandonment statute; BMV transfer is bureaucratic and does not negate substantive transfer | Court: Did not reach separate BMV-transfer issue; disposition based on statutory-notice timing rendered auction void |
| Sufficiency of the content of New Avon’s first notice (conspicuous statement that home was on owner’s property without permission) | MHMI: First notice may have been insufficient to trigger the 30-day clock as to abandonment language used | New Avon: First notice language was adequate to put owners on notice | Court: Declined to decide because timing defect was dispositive |
Key Cases Cited
- Neu v. Gibson, 928 N.E.2d 556 (de novo review of summary judgment)
- Diversified Invs., LLC v. U.S. Bank, N.A., 838 N.E.2d 536 (burden on appellant to show summary judgment error)
- Shaffer v. State, 795 N.E.2d 1072 (statutory interpretation principles)
- Siwinski v. Town of Ogden Dunes, 949 N.E.2d 825 (plain-meaning and harmonizing statutory provisions)