Mark Turner Properties Inc. v. Evans

Diana Smith Evans was the successful bidder at a tax sale on January 3, 1995 and was the grantee in a recorded tax deed. She attempted to foreclose the right of redemption in 1996. In that same year, the record title holders executed quitclaim deeds in favor of Mark Turner Properties, Inc. Appellant. Appellant attempted to redeem the property and, also in 1996, brought an action to cancel the tax deed, to enjoin Ms. Evans from preventing the redemption, and to award damages for her interference with its property rights. The trial court found that the quitclaim deeds did not convey to Appellant the right to redeem and that Appellant failed to make a proper tender. However, the court also held that the right to redeem had not been foreclosed. Appellant again brought suit on January 4, 1999, seeking remedies identical to those sought in its 1996 complaint, and paid into the registry of the court a sum which it contended was the amount payable for redemption.

On cross-motions for summary judgment, the undisputed evidence showed that Ms. Evans paid the taxes on the property for the years 1994-1996 and 1998, and Appellant paid for the year 1997. In January 1998, Appellant obtained a new quitclaim deed which specifically conveyed the right to redeem the property. In September, Ms. Evans received a certified letter from Appellant asserting its desire to redeem the property for the amount required by law and asking her to provide the dollar amount necessary to redeem the property, but she did not respond. Appellant’s president left several telephone messages for Ms. Evans regarding redemption and attempted to redeem the property in person at her residence. Ms. Evans would not personally speak with him or respond in any way.