Posted by Ben (NJ) on August 19, 2003 at 01:20:46:
if Georgia law is anything like NJ, there is no more redemption period and service issues are his only chance of vacating the judgment. The fact that the house has already been sold to (I assume) a bona fide purchaser is very much against him though. Judges are loathe to overturn a judgment in these situations. In cases where the defendant cannot be located and is served by publication, the plaintiff must demonstrate that diligent inquiry was done in an effort to locate the plaintiff for service. This means tax record searches, postal searches, internet people finder searches, DMV records, newspaper publication etc. Here it is a fact that he could NOT be served in the US which is really all the plaintiff has to demonstrate. You need to find an attorney who specializes in tax foreclosure in your area. I know someone in Georgia so email me privately and I will give you their name. One other question, it sounds like there was a mortgage. I’m curious as to why the bank didn’t redeem. Maybe they weren’t properly served which would help his case. It’s an uphill battle but still possible to win. Good luck.
Important!NeedREedemptPeriodGA proptaxsale info - Posted by dandrews
Posted by dandrews on August 18, 2003 at 20:00:15:
My brother is a missionary in New Guinea. He owns a house in GA. Or did.
While he was making travel arrangements to come back to the States this weekend, he discovered he didn’t own his house anymore. There was a misunderstanding about who would be taking care of the property taxes while he was gone. And it was sold for taxes.
Questions 1)Is there a right of redemption time?
2)He owed maybe $1,000. House sold for $10,000. He had only 6 payments to make. Maybe 2k left on mortgage. Does he have to come up with the 10k plus to redeem it, or can he redeem it just for the back taxes?
3)If he cannot redeem it, does he have a claim against the county for failure to make service on him? Spotty phone/mail service, etc.as you might imagine.
Any help you can give, he will appreciate. I am not in a tax certificate state, and even so, would not know what to tell him since I do not much about GA.
I don’t know about redemption rights in GA. In most states of which I am aware, the former owner has the right to claim the excess proceeds from the sale, the amount left over after paying the back taxes. Usually lien holders have superior rights to the owner.
But, usually there is only a year or two to claim the excess proceeds before they are beyond reach.