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In Re: Consol. Return of Sale of Properties for Delinquent Taxes by the Fayette County TCB October 19, 2020 ~ Appeal of: Seneca Leandro View, LLC
Citation: Not availableDocket: 308 C.D. 2021
Court: Commonwealth Court of Pennsylvania; November 15, 2021; Pennsylvania; State Appellate Court
Original Court Document: View Document
Seneca Leandro View, LLC appeals a decision from the Fayette County Court of Common Pleas that voided a tax sale of property owned by Edward J. and Karen A. Berry due to insufficient notice. The court found that the Fayette County Tax Claim Bureau failed to personally serve the Owners with notice of the tax sale, as required by Section 601(a)(3) of the Real Estate Tax Sale Law, which mandates personal service on owner-occupants at least ten days before the sale. Although certified mail was sent to the Owners’ post office box, it was returned unclaimed, and they did not have actual notice of the sale. The Buyer argues that the trial court erred in its finding of lack of actual notice and cites the COVID-19 pandemic as a justification for the Bureau's failure to provide personal service. However, the court stated that actual notice does not negate the requirement for personal service and that the pandemic does not excuse noncompliance with statutory requirements. Furthermore, if the pandemic hindered personal service, the Bureau should have sought a waiver or postponed the sale instead of disregarding the law. Consequently, the court affirmed the lower court's decision voiding the tax sale. Counsel for the Bureau informed the trial court that personal service on the Owners was not executed due to the property being owner-occupied and the Bureau's heavy case load, which often prevents advance knowledge of occupancy status. In this instance, the family used a PO Box instead of direct mail service at the residence, contributing to the oversight. Additionally, while not formally raised as an issue, the Buyer alleged bias from the trial court, referencing a previous case where the court indicated that the law aids in tax collection rather than investment opportunities. The Buyer claimed this bias affected the trial court's decision; however, the court found no evidence supporting this claim, stating that the facts were stipulated and the outcome was legally mandated. Consequently, the order from the Court of Common Pleas of Fayette County was affirmed on November 16, 2021, by President Judge Emerita Bonnie Brigance Leadbetter.