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Final Copy 290 Ga. 317 S11A1401. DRST HOLDINGS, LTD. v. BROWN.

CARLEY, Presiding Justice. On October 28, 2005, after a tax sale of real property known as 723 Arbor Hill Drive, DeKalb County, Georgia, DRST Holdings tendered the redemption price and executed and recorded documents purporting to redeem the property from the sale. DRST Holdings then sent a written demand to Sheriff Thomas Brown for disbursement of the excess funds from the tax sale. However, Sheriff Brown determined that the redemption of the property by DRST Holdings was unauthorized and thus released the excess funds to an authorized representative of the estate of the defendant in fi. fa., Martha W. Hardy, who owned the property at the time of the sale. On August 14, 2009, DRST Holdings filed a petition for money rule nisi and mandamus against Sheriff Brown demanding payment of the excess funds. After Sheriff Brown filed an answer, DRST Holdings filed a motion to strike the answer because it was not verified at the time of filing. After a hearing was held on December 13, 2010, the trial court denied the motion to strike and held that DRST Holdings was not authorized to

redeem the real property from the tax sale because it did not establish that it either held an interest in the property as required by OCGA

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