Zinvest v. Msla Cty Treasurer
2017 MT 188N
Mont.2017Background
- Zinvest purchased tax liens on Missoula County property after 2009–2010 taxes became delinquent; Missoula County initially purchased the liens and later assigned them to Zinvest.
- On June 7, 2013 Zinvest sent the statutory notice (§15-18-215, MCA) stating a tax deed would issue if taxes were not paid 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 mailed blank checks for tax-deed issuance on August 13; the county treasurer did not receive them until August 16.
- Van Ostrand (through counsel and then in person) redeemed the tax lien by credit card payment on August 15; the treasurer recorded a Certificate of Redemption.
- Zinvest sued the treasurer (and Van Ostrand) claiming improper redemption after the 60-day notice period; the district court granted summary judgment for the treasurer and Van Ostrand, and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the treasurer improperly allowed redemption after the notice period so Zinvest could no longer obtain a tax deed | Zinvest argued the statutory 60‑day notice expired and the treasurer could not accept redemption after that date | Treasurer/Van Ostrand argued the notice Zinvest used expressly allowed redemption until the treasurer issued a tax deed, so redemption on Aug. 15 was valid | Court held the Notice granted Van Ostrand additional time; redemption before a tax deed issued was proper, summary judgment for defendants affirmed |
Key Cases Cited
- Showell v. Brosten, 345 Mont. 108, 189 P.3d 1210 (Mont. 2008) (tax‑deed issuance requires strict compliance with notice provisions)
- Pilgeram v. GreenPoint Mortg. Funding, Inc., 373 Mont. 1, 313 P.3d 839 (Mont. 2013) (standard of review for summary judgment and de novo review statement)
