Sonderman v. Remington Const. Co., Inc.

I write separately because the Court’s conclusion in Part IV is not essential to the disposition of this case. In my view, the municipality’s failure to give notice to Remington of the in rem tax-foreclosure judgment, combined with Remington’s timely and successful effort to vacate the judgment, precludes the municipality from passing any interest to Sonderman.

Although the majority rightly concludes that the municipality’s foreclosure judgment was void for lack of proper service, it nevertheless treats that void judgment as though a bona fide purchaser could potentially acquire title under…