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

Posted in General

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

Posted in General

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

Posted in General

Fidelity National Title Tax Sale Underwriting Procedures

While property may generally be considered “marketable” after a tax sale and conventional quiet title, certain insurers may choose to have higher standards.  On September 9, 2017, Fidelity National Title Insurance Company issued Bulletin 2017-GA10 with updated underwriting guidelines for

Posted in Tax Deeds

Court should not appoint Special Master sua sponte for Conventional Quiet Title

For a conventional quiet title action, only the Plaintiff may request a special master.  The holding of the Court of Appeals in the case of Patel v. Patel, 802 S.E.2d 871 (Ga. App. 2017) reversed a trial court for appointing

Posted in Conventional Quiet Title, Special Master

Quiet title judgment may be obtained by default after service by publication

When a defendant in a quiet title action is served by publication, their deadline to respond is 60 days after the Order for service, and they are in default if they do not then answer.  Once 15 days to open

Posted in Conventional Quiet Title

Offer to pay redemption price must be actually made

To redeem a tax deed, the redeeming party much actually tender the redemption price and offer to pay the required sum.  It is not enough to claim a “willingness” to pay, or claim that tender was “futile” because the tax

Posted in Tax Deeds

Barment notice can contain “variable” deadline to redeem

 A typical problem in barring the right to redeem a tax deed is how to set the Deadline.  The tax deed holder sets the Deadline in advance when the notice is drafted and sent to be published.  But the tax

Posted in Tax Deeds

Redeeming creditor of a tax-sale property does not have a priority lien against excess funds arising from that sale

In a highly-anticipated decision, the Georgia Supreme Court created a “bright-line rule” that “a redeeming creditor of a tax-sale property does not have a priority lien against excess funds arising from that sale.” DLT List, LLC v M7Ven Supportive Housing &

Posted in Excess Funds

“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