Zinvest v. Msla Cty Treasurer
2017 MT 188N
Mont.2017Background
- Zinvest purchased tax liens on Van Ostrand's Missoula County property after 2009–2010 taxes became delinquent; County assigned the liens to Zinvest.
- Zinvest sent a statutory form Notice (per §15-18-215, MCA) on June 7, 2013 stating redemption deadline "on or prior to August 13, or on or prior to the date on which the County Treasurer will otherwise issue a tax deed."
- Zinvest attempted to initiate issuance of a tax deed in mid‑August by sending blank checks (arrived Aug. 16) and calling the County Treasurer; no tax deed had been issued yet.
- Van Ostrand’s counsel contacted the Treasurer Aug. 14 to redeem by credit card; Treasurer received the message Aug. 15, and Van Ostrand paid and a Certificate of Redemption was recorded.
- Zinvest sued the Treasurer (and Van Ostrand) claiming improper redemption after the 60‑day notice period; the District Court granted summary judgment for Treasurer and Van Ostrand, and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether redemption after the 60‑day notice period was improper | Zinvest: Treasurer could not accept redemption after the statutory 60‑day notice expired and thus improperly allowed redemption | Treasurer/Van Ostrand: Zinvest’s Notice expressly allowed redemption until the Treasurer issued a tax deed; no deed had been issued, so redemption was timely | Court: Held redemption valid — Notice gave owner additional time until tax deed issuance; no deed had issued before payment |
| Whether Zinvest is entitled to damages for improper redemption | Zinvest: seeks damages for losing right to obtain tax deed | Defendants: no improper act; redemption complied with Notice and statutes; Zinvest already has statutory interest as compensation | Court: Denied damages; statutory 10% interest compensates lien purchaser |
| Whether strict compliance with notice requirements was met | Zinvest: contends statutory notice period controlled and was exceeded | Defendants: Notice used statutory form and provided extended redemption period; procedure complied | Court: Emphasized strict compliance requirement but found Notice controlled and was complied with; redemption permitted |
| Whether attorney fees should be awarded | Zinvest: likely sought fees | Defendants: opposed | Court: Declined to award attorney fees |
Key Cases Cited
- Showell v. Brosten, 189 P.3d 1210 (Mont. 2008) (tax‑deed issuance requires strict compliance with statutory notice)
- Pilgeram v. GreenPoint Mortgage Funding, Inc., 313 P.3d 839 (Mont. 2013) (standard of review for summary judgment and review of legal conclusions)
