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 redeem had not been barred.

In the case of Reliance Equities LLC v Lanier 5, LLC, 299 Ga. 891 (2016), the Georgia Supreme Court held that parties are entitled to notice by both service (e.g. certified mail if outside the county) AND publication, prior to the foreclosure of the right to redeem.  It held that a tax deed purchaser “could not foreclose Whitney’s right to redeem until all three paragraphs of OCGA § 48-4-45 (a) were satisfied.” Id. at 893.  The Court went further to hold that “[p]ublication is necessary in every foreclosure of the right to redeem…” Id. at 895.

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Posted in Tax Deeds