Category: Tax Deeds

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

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

“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

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

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

Do Georgia tax deeds ripen by prescription?

A tax deed can ripen by prescription, but the statute isn’t exactly what it seems. O.C.G.A. 48-4-48(b) provides that title under a tax deed executed after July 1, 1996 ripens 4 years after the tax deed is recorded in the land records.

Posted in Tax Deeds