La Chona, LLC v. AberraAnnotate this Case
Appellant La Chona, LLC, brought a quiet title action asserting that it was the owner of property located in the City of Decatur, because it had purchased the property at a tax sale and had barred the right of other interested persons, including appellee Haddis Aberra to redeem the property pursuant to barment notices that it had sent those parties under OCGA 48-4-45. The trial court ruled in favor of Aberra, concluding that, when La Chona sent the barment notices, it did not hold a record interest in the property, was therefore not authorized by law to send the notices, and, accordingly, had not barred Aberra’s right to redeem the property. The trial court also ruled that, even if La Chona had been authorized to send the barment notices, La Chona had waived the requirement of tender as to Aberra. After review, the Supreme Court affirmed the trial court’s ruling that La Chona did not have the right to send the barment notice to Aberra, and because of that ruling, it did not decide the tender issue.