Nix v. 230 Kirkwood Homes, LLCAnnotate this Case
Pursuant to a December 7, 1993 tax sale, DeKalb County sold the Property at issue here, which was owned at that time by Dorothy Kelly. DeKalb County ultimately purchased the Property at the tax sale as the highest bidder. DeKalb County did not foreclose the redemption rights to the Property after the tax sale in accordance with OCGA 48-4-45 or OCGA 48-4-48. In 1999, DeKalb County conveyed its tax deed to Geraldine Nix, and Nix conveyed her tax deed, via a deed to secure debt, to Bank of America. However, this deed to secure debt was canceled in 2009, and the tax deed reverted back to Nix on May 6, 2009. In 2003, Kelly, the owner of the Property prior to the tax sale, transferred her interest in the Property to Community Renewal and Redemption, LLC (“CRR”). CRR filed suit seeking a declaration that it was the owner of the Property by virtue of having tendered the statutory redemption amount to Nix. CRR transferred its interest in the Property to Belfare, LLC (“Belfare”). Belfare tendered $70,000 to Nix to redeem the Property, but Nix rejected tender of the redemption amount. In 2015, Belfare transferred its interest in the Property to Kirkwood Homes. Nix claimed that she had acquired full fee simple title to the Property, under OCGA 48-4-48, by virtue of the passage of four years since the time of execution of the tax deed. Kirkwood Homes then filed an action seeking declaratory judgment and quiet title relief, asserting that it was the owner of the Property. The superior court issued a final order concluding that Kirkwood Homes was the fee simple owner of the Property. Nix appealed, but after review, the Supreme Court agreed and affirmed that order.