Weaver v. Schuylkill County Tax Claim Bureau - 9-11-24 - reported decision
Held: Certified mailed notice of sale, signed for by agent of owner, complied with Real Estate Tax Sale Law, 72 P.S. sec. 5860.101 et seq.
Owner or "authorized person" must get notice of sale
One of the essential prerequisites to a valid upset tax sale is notifying the owner "[a]t least thirty days before the date of the sale, by United States certified mail, restricted delivery, return receipt requested, postage prepaid[.]"[5] Section 602(e)(1) of RETSL, 72 P.S. § 5860.602(e)(1). "To satisfy Section 602(e), the notice must be [accepted by] the personal addressee or someone with authorization." Williams v. Cnty. of Monroe, 303 A.3d 1098, 1101 (Pa. Cmwlth. 2023), reargument denied(Oct. 16, 2023) (citations omitted); see also Husak v. Fayette Cnty. Tax Claim Bureau, 61 A.3d 302, 311 (Pa. Cmwlth. 2013) ("Even when a return receipt is signed, the signature must belong to someone authorized by the owner to accept certified mail." (citations omitted)). . . . 72 P.S. § 5860.602 ("no sale shall be invalidated because of proof that mail notice as herein required was not received by the owner, provided such notice was given as prescribed by this statute.").
The return mail receipt must have an indication of agency
In this case, "the evidence in the record demonstrates that Appellant's mother had authority to sign for certified mail addressed to Appellant. The certified mail restricted delivery[7] return receipt was signed by Appellant's mother, who checked the box indicating that she was signing as an "Agent" (rather than the "Addressee"), and it was stamped by the postmaster. See Hr'g Tr., 10/24/22, Appellant's Ex. 4. Further, both the 2014 and 2015 entry of claim notices addressed to Appellant were also signed by his mother. See id. Accordingly, the Bureau established that Appellant's mother signed the notice as Appellant's agent. See Popple, 960 A.2d at 523; cf. Dwyer, 110 A.3d at 227.
