Citifinancial Mortgage Co., Inc. v. Matthews, 372 Ark. 167

Summary

The Supreme Court of Arkansas affirmed summary judgment for the purchasers of tax-delinquent property. The court held that the mortgagee received legally sufficient notice of the negotiated sale, even though it was not separately notified by certified mail of an earlier public sale that did not occur, and that no due-process violation resulted.

Holdings

1. The Commissioner's failure to send Citifinancial notice of the public sale did not violate section 26-37-301 or invalidate the negotiated sale because the statute requires notice of the sale that occurs, and Citifinancial received proper notice of the negotiated sale.
2. Citifinancial was not deprived of due process because it received actual notice of the only sale that occurred before the property interest was lost and had an opportunity to redeem or object.

Questions Presented

1. Whether the Commissioner's failure to send Citifinancial certified-mail notice of the previously scheduled public tax sale violated Arkansas Code Annotated section 26-37-301 and invalidated the later negotiated sale.
2. Whether the lack of certified-mail notice of the previously scheduled public sale deprived Citifinancial of due process when Citifinancial received actual notice of the negotiated sale that actually occurred.

Disposition

affirmed