Burnett v. Slatter

This is a quiet title action regarding property located at 2166 Rollingview Drive in DeKalb County. The facts, as found by the special master and adopted by the trial court, show that, on December 23, 1975, Zindi Mims acquired the property while engaging in drug trafficking activities. On May 18, 1977, Mims transferred the property to Lorenzo Callahan, her brother-in-law, and, on August 2, 1977, Lorenzo transferred the property to Sabrina Callahan Burnett, who was Mims’ four-year-old daughter. Beginning in 1980, Mary and Homer Slatter, Burnett’s aunt and uncle, were inhabiting the property subject to an oral lease-purchase agreement they had previously made with Roland Callahan, Mims’ husband and Burnett’s father. Mims confirmed that this agreement existed. On March 16, 1988, Mims and Callahan were federally indicted for RICO violations and drug charges, and an in rem federal forfeiture proceeding was brought against the property. On March 25, 1988, the Slatters entered into an Occupancy Agreement with the U. S. Marshall Service to rent the property. On April 25, 1988 and May 4, 1988, Mims, on behalf of Burnett, filed a claim to the property and an answer to the forfeiture action, respectively. On August 22, 1988, both Mims and Callahan entered into a plea agreement with the U. S. Government. In this agreement, both parties agreed to withdraw any claim to the property.

On October 17, 1990, the United States and the Slatters entered into a stipulation of settlement. The Slatters represented that they were the sole owners of the property, subject only to a note given to Callahan as part of a lease purchase agreement. In the stipulation, the Slatters agreed to execute a promissory note and deed to secure debt in favor of the United States, and the United States agreed to release the property to the Slatters, to release its lis pendens on the property, and to dismiss the forfeiture case. On October 18, 1990, the Slatters agreed to the forfeiture of the promissory note and rental payments that had been paid to the United States during the pendency of the case.