302 So.3d 71
La. Ct. App.2020Background
- The dispute concerns ownership of 2320 Delachaise St., New Orleans after multiple tax sales; plaintiff (Stow-Serge) bought tax-sale title at a September 9, 2014 sale recorded October 27, 2014.
- Plaintiff filed a petition to quiet title on February 20, 2018 after the three-year redemptive period expired.
- Defendant Side By Side Redevelopment, Inc. (SBS) was a prior tax-sale purchaser and had a lis pendens on the property; it counterclaimed seeking annulment of sales and reimbursement.
- Archon (the tax sale agent) mailed a post-sale redemption notice on December 5, 2014 to SBS at the address/registered agent on file with the Louisiana Secretary of State (2930 Canal St., Suite 401, c/o William Alden).
- Trial court granted partial summary judgment quieting title in plaintiff and cancelling SBS’s lis pendens; Fourth Circuit converted the appeal to a writ, considered whether the 2014 tax sale was valid based on notice/redemption rules, and denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2014 tax sale is valid (i.e., plaintiff acquired full ownership after redemptive period) because required notice was given | Tax-certificate is prima facie valid; Archon mailed post-sale notice to SBS’s registered agent/address; redemptive period expired; no genuine issue of material fact — summary judgment appropriate | SBS contends it never actually received the post-sale notice and that the notice was legally deficient because it omitted the specific amount of taxes due as required by La. R.S. 47:2156(B)(2) (and raises pre-sale notice defects) | Court held the post-sale notice satisfied due-process/statutory requirements (Section 47:2156 is directory/safe-harbor); SBS was “duly notified”; redemptive period expired; summary judgment affirmed (writ denied) |
Key Cases Cited
- Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (U.S. 1983) (due-process notice by mail required when owner is reasonably ascertainable)
- Cent. Properties v. Fairway Gardenhomes, LLC, 225 So.3d 441 (La. 2017) (tax sale conveys tax title; ownership requires expiration of redemption and due notice)
- Mandina, Inc. v. O'Brien, 156 So.3d 99 (La. App. 4 Cir. 2013) (criteria for converting non-appealable appeal into supervisory-writ application)
- Marks v. New Orleans Police Dep't, 943 So.2d 1028 (La. 2006) (distinguishes directory vs. mandatory statutory language)
- Alpha Capital US Bank v. White, 268 So.3d 1124 (La. App. 1 Cir.) (tax-sale challenges limited to enumerated statutory nullities)
- Weddborn v. Doe, 194 So.3d 80 (La. App. 4 Cir.) (standard of review for summary judgment)