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MMLU / A city sent a certified notice by U.S. mail to a homeowner telling the owner…

Problem

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question

A city sent a certified notice by U.S. mail to a homeowner telling the owner that the property was listed for a foreclosure sale for failure to pay real estate property taxes. The post office quickly returned the notice to the city as being "unclaimed." The city decided that the notice was sufficient, and sold the property. The owner had been out of the country and did not claim his certified mail. When he found out he sued the city on the basis that there was insufficient notice. Will the owner succeed in having the foreclosure declared void by the court?

choices

  1. No, because the sending of certified notice to the property's address was reasonably calculated to reach him, which satisfies due process concerns.
  2. No, because the owner knew that he wasn't paying his taxes and that constituted de facto notice that that his property was subject to governmental taking.
  3. Yes, because in most circumstances an "unclaimed" notification is insufficient to satisfy the demands of due process.
  4. No, because the city had a right to expect that an owner will leave his property in the hands of someone who will notify him if his interest is in jeopardy.

subject

professional_law

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