Month: February 2021

County May Use Nonjudicial Foreclosure for Nuisance Abatement Liens

The Court of Appeals held in a 2019 case that a County may sell a property in a nonjudicial tax foreclosure sale based upon a nuisance abatement lien. The nuisance abatement statute at O.C.G.A. 41-2-9 provides in part: “It shall

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Judicial Foreclosure Sale Requires Notice of Sale to All Interest Holders

The Court of Appeals held in a 2019 case that any party with a lien or property interest is entitled to specific notice of the foreclosure sale in addition to the published notice, and in addition to any general notice

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Determining Priority of Tax Sale Excess Funds in Interpleader

A common question arises regarding which ownership and lien interests will have priority to excess funds from a tax sale. A 2019 decision by the Federal District Court for the Northern District of Georgia waded through a thorny dispute involving

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