Kelly Holleran May 24, 2013, 8:02am

Two people have filed suit against the man who they claim purchased their property in an illegal fashion after failing to inform them of a property tax delinquency on it.

Daniel and Susan Duncan claim they obtained an undivided interest in a piece of St. Clair County Circuit Court on June 21, 2006. Unbeknownst to them, defendant Vinod Gupta purchased the same property at a delinquent property tax sale on Nov. 6, 2006, according to the complaint filed May 1 in St. Clair County Circuit Court.

“Thereafter, defendant knowingly and purposefully failed to adhere to strict notice provisions owed to the plaintiffs due to his purchase of the property at the tax sale,” the suit states. “As a direct result of the defendant’s intentional violation of the code, plaintiffs were unaware of any property tax delinquency and were unable to redeem their property within the redemption period.”

Due to his failure to notify the Duncan’s of the tax delinquency, Gupta was able to obtain full ownership of the property on Sept. 1, 2009, the complaint says. The Duncans claim they were not aware of the situation until December 2012.

The Duncans allege fraud, fraudulent concealment, consumer fraud, unjust enrichment, negligence and tortuous interference with a business expectancy against Gupta.

In their complaint, the Duncans are seeking a judgment of more than $50,000, plus other relief the court deems just.

Alvin C. Paulson of Becker, Paulson, Hoerner and Thompson in Belleville will be representing them.

St. Clair County Circuit Court case number: 13-L-226.

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