Month: March 2017

“Buyer beware” at tax sales

Purchasing a tax deed on the courthouse steps has risks which require a purchaser to conduct due diligence.  A 2009 decision by the Georgia Court of Appeals highlights the risk of failing to do so. A tax deed buyer paid

Posted in Tax Deeds

Get a transcript for Special Master proceedings to preserve appeal

Special master proceedings often occur in a conference room instead of a courtroom, and may seem informal.  However, the Court will eventually rely upon findings made by the special master.  Therefore, if you want to be able to seek appellate

Posted in Special Master

Successive tax lien sales are impermissible

The Georgia Supreme Court has held that once a tax sale has occurred, then it is not permissible for additional tax lien sales to proceed based upon competing tax liens which existed at the time of the sale. DRST Holdings

Posted in Tax Deeds

Sovereign Immunity applies to Conventional Quiet Title For Now

In the case of TDGA LLC v CBIRA, LLC, 298 Ga. 510, 512 (2016), the Georgia Supreme Court held that “the State and its agencies are immune from suit under OCGA § 23–3–40” which is the conventional quiet title procedure.

Posted in Conventional Quiet Title, Quia Timet Against All the World

Barment is incomplete without publication and service

When a tax deed purchaser sent a Notice of Right to Redeem to the Defendant in FiFa by certified mail, but did not also publish the notice in the legal organ, the Georgia Supreme Court held that the right to

Posted in Tax Deeds

Void deed of redemption prevents barment until set aside

A novel problem recently faced the Court of Appeals, when it needed to decide whether a tax deed purchaser could conduct a barment, after it had mistakenly recorded a void Quitclaim Deed of Redemption to the Defendant in Fi.Fa. The

Posted in Tax Deeds

Tax Deed Buyers Owe Homeowners Assessments and Taxes

When a tax deed is purchased, the title is ‘defeasible’ and the purchaser does not have an immediate right of possession.  Nevertheless, the Court of Appeals has held that the interest held, even during the redemption period, “is sufficient to

Posted in Tax Deeds