Mennonite Board of Missions v. Adams
Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)
- Court
- Supreme Court of the United States
- Decided
- 1983-06-22
- Docket
- 82-11
What happened
An Indiana county sold property for unpaid taxes after notice only by posting and publication. The mortgage holder, whose name and address were on public record, was not mailed notice.
What the court decided
The Supreme Court held that a party whose interest is identifiable from public records is entitled to notice by mail or other means as certain to ensure actual notice before a tax sale; publication alone was not enough.
In the court's words
“Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition”
Why it may matter to you
It is the foundation of the rule that owners and recorded interest-holders must be personally notified before a tax sale.
Why it might not apply
The winner here was a mortgage holder, not the homeowner, though the principle protects owners too. It concerns notice, not the amount of taxes owed.
Most useful when
- A tax sale happened with notice only by publication or posting
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)Short formMennonite, 462 U.S. 791Draft — check it with free legal aid before you file or say it in court.
In Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983), the court held that a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough. Here, [say in one sentence what happened in your case]
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