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 …
County May Use Nonjudicial Foreclosure for Nuisance Abatement Liens Read more »
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 …
Judicial Foreclosure Sale Requires Notice of Sale to All Interest Holders Read more »
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 …
Determining Priority of Tax Sale Excess Funds in Interpleader Read more »
Yes. Quiet Title be used to remove an easement. In the case of Wiggins v. Southern Bell Tel. and Tel. Co., 245 Ga. 526, 266 S.E.2d 148 (1980) the Georgia Supreme Court considered challenges to two easements in the context of …
Possession of the property must generally shown for a Georgia action for conventional quia timet (with exceptions), but possession does not need to be shown for quia timet against all the world in Georgia. For a traditional conventional quia timet action in equity, the …
Do I need possession of the property to seek to quiet title? Read more »
Whether or not you get a jury trial in a quiet title action depends upon the type of quiet title action. In a conventional quiet title action, the Georgia Supreme Court has held that there is no right to a jury …