OPINION
Wells Fargo Bank, N.A. (“Wells Fargo”) appeals the trial court’s orders overruling Wells Fargo’s objection to the issuance of a tax deed to two pieces of real estate. Wells Fargo raises the following restated issue for our review: whether the trial court erred when it overruled Wells Fargo’s objection to the issuance of the tax deeds because Wells Fargo contends that the Allen County Treasurer and the Allen County Auditor (collectively, “Allen County”) did not properly serve two tax sale notices upon Wells Fargo.
We affirm.
FACTS AND PROCEDURAL HISTORY
During the 2009 Allen County Tax Sale process, on October 6, 2009, the trial court granted Allen County’s application for judgment and order of sale relating to
The parties do not dispute that Allen County properly issued a Notice of Sale required by Indiana Code section 6-1.1-24^4. In June 2010, Allen County sent by certified letter, return receipt requested, the Notice of the Right of Redemption required by Indiana Code section 6 — 1.1— 25-4.5(a)(3) to the properties’ owners and to Wells Fargo. The notices were mailed to ‘Wells Fargo Bank NA, 111 E. Wayne St., Fort Wayne, IN 46802” (“111 E. Wayne St. address”) and to “Wells Fargo Bank NA, P.O. Box 5137, Des Moines, IA 50306,” (“P.O. Box 5137 address”) which was the address set forth in the mortgage documents. Appellant Badawi’s App.
On November 3, 2010, Allen County moved the trial court for an order authorizing it to issue tax deeds for the various properties sold at the October 2009 tax sale that had not already been redeemed, including the Real Estate. On December 3, 2010, Wells Fargo filed an objection to the petition for issuance of a tax deed as to the Real Estate. A hearing was held on Wells Fargo’s objection, and on December 17, 2010, the trial court issued an order overruling the objection and authorizing the issuance of tax deeds for the Real Estate. Wells Fargo now appeals.
DISCUSSION AND DECISION
Wells Fargo argues that Allen County failed to properly serve the tax sale notices upon Wells Fargo, and therefore, the trial court should have denied Allen County’s petition for tax deed and allowed Wells Fargo to redeem the Real Estate from tax sale. Specifically, Wells Fargo contends that this court should find that the requirements of Indiana Trial Rule 4.6 regarding service upon organizations should apply to the service of tax sale notices required under Indiana Code sections 6-1.1-25-4.5 and -4.6. Under this theory, Wells Fargo asserts that the tax
Indiana Code chapter 6-1.1-24 governs the sale of real property when taxes or special assessments become delinquent. When a real estate owner fails to pay property taxes, the property may be sold to satisfy the outstanding tax obligation. Neace v. Gupta (In re 2005 Tax Sale Parcel No. 2Í006-001-0022-01),
As the tax sale notice procedure is set out by statute, our inquiry requires statutory interpretation. A question of statutory interpretation is a matter of law to be determined de novo. Recker v. State,
Both Indiana Code section 6-1.1-25-4.5 and section 6-1.1-25-4.6 require that tax sale notices be sent to any person with a substantial interest of public record at the address included in the public record. In the present case, Allen County sent the tax sale notices by certified mail, return receipt requested, to the name and address included in the public record that indicated Wells Fargo’s interest in the Real Estate, the mortgage documents, which was “Wells Fargo Bank NA, P.O. Box 5137, Des Moines, IA 50306,” and also to “Wells Fargo Bank NA, 111 E. Wayne St., Fort Wayne, IN 46802.” Appellant Badawi’s App. at 11, 43, 44; Appellant White’s App. at 11, 56, 57. The notice of the right of redemption was received and accepted at the 111 E. Wayne St. Address, and the notice of petition for tax deed was received and accepted at both addresses. Therefore, Allen County complied with the statutory requirements regarding sending the tax sale notices.
Wells Fargo asserts that the requirements of Trial Rule 4.6, that service upon an organization must be made upon an executive officer or appointed agent to be proper, applies to tax sale notices. It initially cites to Volunteers of America v. Premier Auto Acceptance Corp., 755
Wells Fargo contends that two other decisions by this court support its contention that tax sale notices should be treated like summonses and be required to comply with the service requirements of Trial Rule 4.6. In Tax Certificate Investments, Inc. v. Smethers,
Wells Fargo also cites to Reeder Associates II v. Chicago Belle, Ltd.,
The sending of tax sale notices is governed by statute, and the fact that the Indiana Supreme Court has set out a different procedure in the trial rules for service of process upon organizations is of no moment. Under both Indiana Code section 6-l.l-25-4.5(d) and section 6-1.1-25-4.6(a)(2), tax sale notices are required to be sent to “any person with a substantial property interest of public record at the address for the person included in the public record that indicates the interest.” Nowhere in the statute does it require compliance with Trial Rule 4.6 when sending tax sale notices. In the present case, Allen County sent both of the tax sale notices at issue by certified mail, return receipt requested, to the address listed in the mortgage document and to another local address. Therefore, as the tax sale
Affirmed.
Notes
. This case involves the resolution of two separately filed cases involving virtually identical parties. Because the circumstances of the cases and the issues addressed are the same, we decide these two separate cases together in one opinion. However, the two appendices are paginated differently, so we will refer to each separately, using the property owner’s name to differentiate between the two.
. We will refer to the Notice of the Right of Redemption and the Notice of Petition for Tax Deed collectively as "the tax sale notices” for the rest of the opinion.
