Tax Deed Investing

Atlanta lawyers advising clients in tax deed investing and foreclosure

Every person owning real property that is not exempt from taxation is subject to tax on the fair market value of that property as of January 1 of each year. To provide security for the payment of the taxes, the law creates a lien. Generally, a lien for delinquent ad valorem taxes arises at the time the taxes become due and unpaid. When taxes are not paid, the Tax Commissioner is authorized to issue a writ of fieri facias, which is a directive to the appropriate office, often the sheriff, to levy upon the property, sell it and collect the unpaid taxes.

After the tax sale, the delinquent taxpayer or any other party holding an interest in or lien on the property may redeem the property by paying to the tax sale purchaser the purchase price plus any taxes paid and interest. If the property is redeemed, the tax sale is essentially rescinded. If a creditor of the original taxpayer redeems the property, the amount paid by the redeeming creditor becomes a first lien on the property, which is essentially a “super-lien” and may proceed to foreclose against the property based upon that lien. This right of redemption may be terminated by the tax sale purchaser any time after one year following the tax sale by foreclosing all rights to redeem the property. If the property is not voluntarily redeemed after one year, the purchaser may foreclose the right to redeem the property from the sale by giving notice as required. This process is commonly known as the “barment process.”

Tax Deed Investing Lawyers

Whether you are evaluating whether to purchase property at a tax deed sale or you have lost property due to a tax deed sale, the experienced attorneys at Williams Teusink can guide you through the complexities of tax deed sales in Georgia. The attorneys at Williams Teusink work with tax deed purchases, delinquent property owners, and creditors in all aspects of a tax deed sale, from the due diligence period to the redemption or barment process, and bringing quiet title actions. Williams Teusink also advises holders of the right to redeem in successfully redeeming property from a tax deed holder.

Tax Deed Investing in Atlanta, Georgia

The attorneys at Williams Teusink will provide expert guidance to help you handle your real estate concerns regarding delinquent tax sales throughout Georgia.