Legal Opinion
Lake County Auditor v. Burks
Indiana Supreme Court
Decided February 4, 2004No. 45S03-0306-CV-282PublishedCited by 14 opinions
1Opinion of the Court
BOEHM, Justice.
The Lake County Auditor sold the home where Lonnie Burks lived to satisfy delinquent taxes on the property. The property brought a price greater than the delinquency and Burks sued for the surplus. Burks was not the record owner. Rather, she was intestate heir and a beneficiary of the unprobated will of the deceased record owner. We hold that a person is not required to be the "record owner" of the property to claim the surplus from a tax sale if he or she can establish ownership of the property sold.
Factual and Procedural Background
From the time she was nine months old, Lonnie…
2Cases cited5 opinions
- Collins v. DayIndiana Supreme Court · 1994
- United States v. LawtonSupreme Court of the United States · 1884
- Porter v. Bankers Trust Co. of CaliforniaIndiana Court of Appeals · 2002
- Brewer v. EMC Mortgage Corp.Indiana Court of Appeals · 2001
- Lake County Auditor v. BurksIndiana Court of Appeals · 2003
3Cited by14 opinions
- Scott v. StateIndiana Court of Appeals · 2008
- Indianapolis-Marion County Public Library v. Charlier Clark & Linard, PCIndiana Court of Appeals · 2010
- VAN PROOYEN BUILDERS, INC. v. LambertIndiana Court of Appeals · 2009
- Beneficial Indiana, Inc. v. Joy Properties, LLCIndiana Court of Appeals · 2011
- CANA Investments, LLC v. FanslerIndiana Court of Appeals · 2005
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