268 So. 3d 1124
La. Ct. App.2018Background
- Property at 3250 Lone Oak Dr. (East Baton Rouge) owned by Zenobia White; taxes unpaid for 2010 leading to a sheriff's tax sale on June 6, 2011; Alpha Capital purchased a tax sale certificate.
- East Baton Rouge mailed pre-sale delinquency notice to White’s prior address; that envelope was returned unclaimed; no further pre-sale notices were sent.
- Alpha Capital recorded its tax sale certificate (June 30, 2011) and mailed a post-sale "Notice of Right to Redeem" to White at the subject property; the certified mailing was signed for on White’s behalf more than six months before the redemption period expired.
- White did not redeem during the three-year redemption period and filed a petition to annul the tax sale after Alpha Capital filed to quiet title; Alpha Capital moved for summary judgment attaching the tax certificate and proof of mailings.
- Trial court granted summary judgment quieting Alpha Capital’s title; White appealed; Alpha Capital answered asking conversion of the suspensive appeal to devolutive for late bond but its objection was untimely.
Issues
| Issue | White's Argument | Alpha Capital's Argument | Held |
|---|---|---|---|
| Whether failure to receive pre-sale notice renders tax sale an absolute nullity | Pre-sale notice was constitutionally required; absence makes the sale void | Post-sale notice of right to redeem (sent >6 months before redemption expiry) satisfies due process and cures pre-sale defects | Pre-sale notice failure does not void sale; post-sale notice complying with statute satisfies due process |
| Whether post-sale notice sent by purchaser cures pre-sale notice defects | Post-sale notice cannot cure constitutionally defective pre-sale notice | Statutory post-sale notice under La. R.S. 47:2156 cures pre-sale defects and creates a relative redemption nullity which may be cured | Post-sale notice in statutory form and timing cured any pre-sale notice deficiency; White failed to prove redemption nullity |
| Whether White timely pursued nullity or met burden to defeat summary judgment | Claimed lack of due process; argued nullity | Alpha Capital produced prima facie evidence (tax certificate, mailings); burden shifted to White to produce contrary evidence | White produced no contrary evidence; summary judgment affirmed in favor of Alpha Capital |
| Whether Alpha Capital’s late objection to White’s untimely appeal bond justified converting appeal status | (N/A for White) | Appellee argued suspensive appeal should be converted/dismissed for untimely bond | Objection was filed after the three-day window under La. C.C.P. art. 2161; request denied |
Key Cases Cited
- Lewis v. Succession of Johnson, 925 So.2d 1172 (La. 2006) (pre-2008 rule: pre-sale notice necessary for due process)
- Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (U.S. 1983) (property notice/due process principles)
- Central Properties, LLC v. Fairway Gardenhomes, LLC, 225 So.3d 441 (La. 2017) (upheld post-sale notice scheme and its sufficiency for due process)
- Adair Asset Mgmt., LLC v. Turney, 195 So.3d 501 (La. App. 2 Cir. 2016) (post-sale notice can cure pre-sale notice defects under revised statutes)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (summary judgment burden-shifting principles)
- Wright v. Jefferson Roofing, Inc., 630 So.2d 773 (La. 1994) (procedural rule on timely objection to appeal-bond irregularity)
- Clement v. Graves, 924 So.2d 196 (La. App. 1 Cir. 2005) (appellee's right to move to dismiss suspensive appeal for untimely bond)