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DeCay v. Houston

The special master had no conflict of interest because she was appointed by a Stipulated Conflict Waiver, which the parties had agreed upon.

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This case involves two actions filed by Keith DeCay concerning the ownership of four tracts of land located at 629 Boulevard, Atlanta, Georgia “629 Boulevard”: 1 a quiet title action and 2 a breach of contract action against the Federal Deposit Insurance Corporation FDIC from which he purchased part of 629 Boulevard at a foreclosure auction.1 In the quiet title action, DeCay contends, among other things, that the trial court erred by adopting a Special Master report tainted by a conflict of interest. In the breach of contract action, DeCay contends that the trial court erred by finding that the FDIC was not required to convey all four tracts of 629 Boulevard to him. For the reasons set forth below, we affirm.

The record shows that, after a January 28-29, 2013 hearing, the acting Special Master found that Ravenwood Development Company “Ravenwood” acquired 629 Boulevard in 2004 and subsequently divided the property into four tracts to improve the property with a residential duplex. Tracts 1 and 2 were improved with Unit A and Unit B of the residential duplex, respectively. Tract 3 was improved with a driveway and Tract 4 was improved with a rear parking area. Chandra Houston purchased Tracts 2 and 4 from Ravenwood on March 30, 2007. The closing attorney, Carla Gaines, prepared a quit-claim deed for First Georgia Community Bank to release its security interest to Houston. Gaines eventually became aware that the quit-claim deed contained errors in that it appeared to convey a fee simple interest in Tract 3 the driveway and an easement interest in Tract 2 Unit B to Houston. Gaines recorded a corrective deed to fix her mistakes on April 7, 2008.

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