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.
Ben(NJ) Esq. (Tax foreclosure attorney)