Notice Just Has To Be Sent, Not Actually Received
A finance company gave a mortgage loan to an individual in Nashville. The individual failed to pay his property tax, and Metro Nashville sent notice that the property would be sold. The finance company stepped in, and the back taxes were paid. Two years later, however, the individual again failed to pay his property tax, and Metro again sent notice that the property would be sold if the taxes were not paid. Metro notified the individual by certified mail, but sent the finance company's notice through regular mail.
Here's where the case gets interesting: The finance company's notice was lost in the mail, and the finance company never heard about the back taxes owed or the pending tax sale. The property was sold without the finance company ever hearing of it, and the finance company lost its loan money.
The finance company sued Metro for the loss of its mortgage. The finance company argued that, by sending notice through regular mail without the security of at least certified mail, Metro violated the due process clause of the U.S. Constiution. The trial court agreed, and the finance company won.
The Middle Section Court of Appeals, however, disagreed. The Court of Appeals held that due process does not require certified mail to a lien holder before the sale of real property. Tegular mail is good enough for due process for lien holders.
Importantly, the Court of Appeals took great pains to make clear what was not at issue in the case. The lawsuit was just for money damages, and did not ask to set the tax sale aside for inadequate notice. The only claims were under federal law for violating the due process clause of Fourteenth Amendment to the U.S. Constitution, not for violating any state law or state constitutional provision. The finance company did not sue for any negligence under the Governmental Tort Liability Act.
In short, if the city just sends notice of a tax sale by regular mail, there might be some form of relief available, but not money for an alleged violation of due process.
