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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner 6
Subject: 2010 Tax Sale Acquisitions — Quiet Title Action
Professional Services Agreement — Heppenheimer & Korpal
Date: December 13, 2011
At the March 2010 County Commissioner's tax sale, staff acquired 30 parcels. Seven of
these parcels were redeemed within the legal redemption period, leaving 23 parcels which
the Commission now has title to in the form of tax deeds.
On March 8, 2011, the Commission approved a Professional Services Agreement with
Heppenheimer & Korpal to do quiet title actions (see attached definition) on 14 of the 23
parcels. These 14 parcels were identified by Meridian Title as needing this step before title
insurance policies could be issued.
In the process of issuing title insurance on the 23 parcels, two additional parcels have been
identified as needing quiet title action. The cost for these two additional parcels will be the
same as that paid for the original 14, or:
• $750 per parcel for the quiet title action
• $156 per parcel Court filing fee
In addition to these fixed charges, there will be publication and certified mailing charges.
Once this process is completed, Meridian Title will issue the Commission title policies on
these parcels, and the Commission can be assured of its ownership interest in them.
Staff asks for a not to exceed amount of $2,112 (allowing $150 publication / mailing costs
for each parcel).
Staff requests favorable action on this proposal, to allow these two properties to be taken
through a quiet title action, and ultimately allow the Commission an insurable interest in
these properties.
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Quiet Title Law & Legal Definition
Page I of 1
Title is the sum total of legally recognized rights to the possession and ownership of property. In the
case of real property, an action to confirm title, sometimes referred to as an action to "quiet title" may
be brought to affirm ownership of the property when others claim an interest in such property. This is
often seen in relation to back tax liens or liens or easements (rights of way) on the property.
A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of
property and asks for a ruling that plaintiffs title is superior to any interest held or claimed by any of
the named defendants. It is a mechanism to cure defects in the title to property, thereby providing
assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title
and accuracy of the real property records. Reliability of real property records in the U.S. are higher
than in most other countries because of quiet title actions, strict recording requirements and the
involvement of title insurance companies.
A quiet title action is often brought against both known and unknown parties. Known parties are those
having some record interest in title or having possession of the property. Also, unknown parties may
be named and served by publication in order to terminate potential claims. Unknown parties are those
who may claim an interest in the property derivative of the named parties or as a result of the subject
matter of the action.
http: / /definitions.uslegal.com /q /quiet- title/ 2/25/2011
Nov. 30. 2011 3:25PM
MTTCHRI.L K. HEPPENEEIMER. J.n.
-IAXVM P. KORPAL, J.D.
HEPPENHEXMEB & ]KORPA,L
PROrESSIONAI. CORPORATION
ATTORNEYS AT LAW
704 WEST WASHINGTON AVENUE
SOUTH BEND, INDIANA 48601
(374) 232 -5803
PAX (514) 232.6490
November 30, 2011
FACSIMILE ONLY
David Relos
City of South Rend P.edevelopment Department
227 W..lefferson Blvd., Suite 1200S
South Bend, IN 46601
Dear Mr. Relo3:
No, 6839 P. 2/2
www,hepkorlaw.com
Quiet Title Actions for 713 W. Indiana and 1521 S.
Catalpa
Please be advised that I am in receipt of your request that this office provide a proposal for the completion of quiet
title actions in reference to the two above described parcels.
The fee that this office charges to secure a Quiet Title judgment is $750.00 for each parcel. The filing fee for each is
$156.00 (there is no requirement for a recording of the judgment once it is rendered by the court and, therefore, there
are no recording feesthat I am aware of at this time.)
There may be certain other out -of- pocket expenses which may require additional costs to be paid by the City. This
would be for excess certified railings and the publication of a Notice that needs to occur regarding these court
filings. I am not sure of the cost at this time, however, I do want to make the City aware that there is additional
expenses concerning publieatioh and possible excess certified mailings required for each of these matters.
If the City wishes for me to proceed in reference to this matter it is necessary to receive one -half of the fee or
$375.00 for each of Cie. parcels plus the full $156.00 for each of the parcels so that 1 can proceed with the
preparation and filln.t of the quiet title actions.
if you have any other question regarding this matter please contact me. I thank you for the opportunity to submit this
propow-
Yours very truly,
HEPPENHEIMER & KORPAL
PROF7.Hep Ormer
Mitch nhe
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