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Nix v. 230 Kirkwood Homes LLC

The trial court properly declared plaintiff to be the fee simple owner of certain real property, because plaintiff properly redeemed the property after defendant failed to foreclose the right of redemption.

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On March 25, 2015, 230 Kirkwood Homes, LLC Kirkwood Homes filed an action seeking declaratory judgment and quiet title relief, asserting that it was the owner of a property located at 000 Kirkwood the Property. Geraldine Nix opposed the action by Kirkwood Homes, claiming to be the owner of the Property. Following proceedings before a special master and the Superior Court of DeKalb County, the superior court issued a final order on September 30, 2015, concluding that Kirkwood Homes was the fee simple owner of the Property. Nix appeals from this ruling, and, for the reasons that follow, we affirm.

By way of background, pursuant to a December 7, 1993 tax sale, DeKalb County sold the Property, which was owned at that time by Dorothy Kelly. DeKalb County ultimately purchased the Property at the tax sale as the highest bidder. It is undisputed that 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. On February 25, 1999, DeKalb County conveyed its tax deed to 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.

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