Re: I\'m going to court this week
I'm not sure you fully understand either the situation or the law here. Let me try to be more clear.
There are two pieces of property involved. One I own free and clear. It was bought off a larger parcel. Later, I acquired a mortgage against the balance of the larger parcel. Later still, I instituted foreclosure proceedings on that mortgage. Lastly, to protect my mortgage interest in that parcel I bought a tax sale certificate on that property.
The owner (more accurately, his agent) claimed I was trespassing on the parcel he owns. In fact, I was on my land and not his. I addressed that in the answer to their motion for a restraining order.
I think that will preclude any moves on their part to enter my barn, etc. At the very least it puts them on notice that there is a dispute as to ownership so I'm sure their attorney cautioned them about that.
As to your mention of booby traps, etc., they are patently illegal. I would never, ever do something like that regardless simply because of the danger to innocent visitors, children, animals, etc. Legally, the liability doing something like that would place on me is almost incalculable. My liability insurance carrier would deny coverage because it was an intentional act. I could lose everything I have plus risk prison. No thanks. I can always buy more stuff.
The tax lein certificate situation in Indiana is different from what you describe, too. As a tax sale certificate buyer I'm entitled to a 10% premium over the tax bill amount if the certificate is redeemed anytime withing six months of the sale. At six months and one day that increases to a 15% premium. Additionally, there is statutory interest at the rate of 10% APR on the amount paid for the tax sale certificate which is earned during whatever time the certificate is unredeemed. That same 10% APR also applies to any subsequent monies paid on property taxes and assessments on that property which are then added to the amount of the tax sale certificate. That interest accrues beginning the day they are paid and running through the day the certificate would be redeemed
In an "overbid" situation (when the certificate is bid up for an amount greater than the tas bill) the amount of the "overbid" also earns interest at the statutory rate of 10% APR.
An example would be a tax bill of $1,000 and a high bid on that certificate of $5,000. On that the premium amounts (the 10% or 15%) would only apply to the $1,000 while the 10% APR interest would apply to the entire $5,000.
The mortgage and the tax lein are totally separate and distinct issues. Neither, however, give me any rights whatsoever to enter the property which would be the subject of either or both of those situations.
