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Schlereth's notice to Hardy was returned to Schlereth as "unclaimed" on June 1, 2004. In this proceeding, Hardy admits she received the notifications of the attempts to deliver certified mail. In Jane Hardy's response to Schlereth's request for admissions, filed in February 2005, Hardy admitted that delivery was attempted three times. To evaluate the reasonableness of the notice, the Mullane court put forward the standard of whether "the form chosen is not substantially less likely to bring home notice than other of the feasible and customary substitutes." Id. Here, sending certified mail to Hardy's known and actual residence, which included two notifications of attempted delivery, seems reasonably calculated to notify Hardy of her redemption rights—until the sender learns that the notice was unclaimed. That is the Jones extension of Mullane.
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The trial court in November 2006 entered a consent judgment awarding Hardy the $1,251.70 she had paid in property taxes for 2002 and 2003. Hardy filed a motion to amend the judgment and a motion for new trial claiming that the notice Schlereth sent her regarding her redemption rights violated her due process rights. The court granted the motion for new trial. Both parties then filed motions for summary judgment. The trial court granted Hardy's motion for summary judgment, citing Jones v. Flowers, and ruled that the collector's deed for the property was void and that Hardy's redemption period had not expired because of insufficient notice. Schlereth appeals to this Court.
In May 2004, Schlereth sent Hardy a notice of redemption rights by certified mail. The notice was addressed to Hardy at her suburban St. Louis residence. Hardy received two delivery notifications at her residence but failed to pick up the certified mail on both occasions.
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The dissent in Jones would not require any additional steps for a person such as Hardy, who failed to pay property tax bills and then failed to pick up certified mail notices. 547 U.S. at 239, 126 S.Ct. An unclaimed certified-mail letter necessitates further efforts to provide reasonable notice, the majority held, and this Court is obligated to follow majority decisions of the United States Supreme Court, not dissenting opinions. As in Jones, there is nothing here to indicate that the addressee would know what the certified-mail notice contained. The trial court entered summary judgment in favor of Schlereth on his claim for quiet title and against Hardy on her counterclaim.
The court denied Hardy's motion for summary judgment on the cross-claim against the collector of revenue and the alternative counterclaim. On April 24, 2006, the collector paid the tax sale surplus to Hardy and moved to dismiss the cross-claim as moot. Hardy voluntarily dismissed her cross-claim.
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Notice shall be sent by certified mail to any such person, including one who was the publicly recorded owner of the property sold at the delinquent land tax auction previous to such sale, at such person's last known available address. Jones addressed the issue, which had not been resolved in prior cases, as to whether the government must take additional steps when a certified-mail notice of a tax sale has been returned undelivered. 547 U.S. 220, 223, 126 S.Ct. In Jones, a husband and wife divorced and the husband subsequently vacated the home the two owned. The husband continued to make mortgage payments after vacating, and the mortgage company made the tax payments.
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The circuit court's judgment holding Schlereth's collector's deed to be void and determining that Hardy's period for redemption of the property has not expired is affirmed.6 In light of this Court's decision, the points raised by Hardy in her cross-appeal need not be addressed. Found something you love but want to make it even more uniquely you? Many sellers on Etsy offer personalized, made-to-order items. The Jones holding is a direct descendant of the seminal case about constitutional notice, Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 865 , but with an added twist. Under Mullane, the adequacy of notice is assessed by what is known before the notice is sent.
Jones, however, holds that the government must act on information received after the notice was sent, that is, that the notice was returned unclaimed. Because this case involves a challenge to the validity of the statute prescribing certified mail notice, this Court has jurisdiction. Sellers looking to grow their business and reach more interested buyers can use Etsy’s advertising platform to promote their items. You’ll see ad results based on factors like relevancy, and the amount sellers pay per click. Shipping policies vary, but many of our sellers offer free shipping when you purchase from them.
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