All Forum Posts by: Dan Mahoney

@Merlin Gentry

Questions:

1. Are GA tax deeds transferable to third parties during the one-year redeemable period?  Yes.

2. If I'm able to track down owner-of-record and get them to quit-claim warranty deed to me, and there are no other liens [Note:  There's no such thing as quit claiming a warranty deed, so I'll just assume we're talking about a quit claim deed]:

(a) Does that effectively terminate their interests and transfer all rights to me? Yes, that's what a quit claim deed generally does.

(b) Do I then have right to enter, fix up, and rent or even flip within the 12 months redeemable period? Yes, if the person quit claiming had that right.

(c) Would foreclosure still be necessary after 12 months from tax sale?  If there are no other liens, then I guess you wouldn't have to.

3. IF there are other liens and I obtain a quit-claim deed:

(a) Does a quit-claim deed still allow me to enter?  Yes, if the person quit claiming had that right.

(a) Can these other lien holders redeem the tax deed within 12 months and retain their interests in the pty?  Theoretically, yes, but if you owned the property you could just pay them off.

I'm not a lawyer, and this is not legal advice.  It sounds like there is some confusion between the rights of a tax deed holder and the rights of the property owner following a tax sale.  It might be helpful to own these rights in two separate entities so that the record is clear on which parties own which rights.

@Scott Roberson I just noticed you are in Connecticut.  I should re-iterate that this entire thread is about one county in Georgia and can't be generalized to other locations.

@Scott Roberson In the situation you're describing, the 2011-2016 taxes are owed to one or more investors and the 2017-2018 taxes are owed to the county tax commissioner.  The investor(s) could choose to levy the property for sale at any time.

It's probably true that an owner that has historically paid most of their taxes is more likely to redeem following a tax sale.  It's probably also true that a property that appreciates in value following a tax sale is more likely to be redeemed.  But it's still largely unpredictable.

If you want to find out how much an investor paid for a tax FiFa, you can look up the transfer in the county lien book.  The document usually includes the dollar amount paid for each FiFa transferred and the date of transfer.  It also includes the original amount of taxes owed and unpaid.

@Tony Gutierrez You can force a tax sale with only one FiFa.  Whether you can find someone to sell you a single FiFa is a different question.

Holders of any competing liens would have the right to redeem the property after the tax sale.  If the redemption rights are foreclosed, the liens would be cancelled.

It's complicated, though.  Only liens that existed prior to the tax sale would be cancelled.  Liens arising after the tax sale are generally still valid.

@Tron Pham If the property has already been advertised for the tax sale, you should be able to stop the sale by paying the Fulton County Sheriff the amount of the levy.  The contract is irrelevant.  

Is the property scheduled for tomorrow's courthouse sale?  If so you'd better hurry.

@Max T. and @Rick Baggenstoss make valid points, but there is a very real possibility that @Toby Coons will end up getting $0 if he chooses to sue rather than settling for $1,325. When you settle, you get a check on the day you sign the settlement. If you sue and win at trial, you get a piece of paper from the judge saying the defendant owes you money. It's still on you to collect it. You can pay an attorney or collection agency to help collect, but that costs money and you still might get nothing (especially if the defendant is an LLC instead of a human).

@Toby Coons You've been offered $1,325.  If you agree to drop your dispute and accept that amount, the landlord will presumably give it to you.  You can choose whether to escalate the dispute or not.  It only costs $110 to file suit in Fulton County Magistrate Court, but if you file a suit, best case scenario is you will be waiting several months before you see a dime.  Worst case is you get nothing.

I'm not a lawyer and this is not legal advice, but here are some reactions to what you stated in your post:

If you can prove you actually paid the yard guy, and the landlord can't prove he did, you have a good argument on that line item.  If you paid cash and have no receipts, you're in a weak position, regardless of the text message.

It sounds like you can't prove you returned the place clean.  If the landlord has pictures, this will come down to the standard of cleanliness you agreed to in the lease.  The landlord listed "trash removal" as an expense, so presumably will argue there was trash left on the premises after you left.  If there was, you're in a weak position.

You're probably toast on the satellite dish unless your lease has an unusual provision allowing you to drill gadgets into the roof.  The fact that the dish is still on the roof works against you since it proves you made alterations to the premises and you didn't return the property in the same condition you received it.  

I'm guessing you feel you've been treated unfairly, and maybe you have.  The court system exists for citizens like us to sue for justice and you are entitled to use it if you feel you've been wronged.  However, from a purely cost-benefit perspective, it's hard to imagine a lawsuit making sense in this case.

@Doug Phillips @Angel Porter  Actually, some Georgia counties do sell their liens for unpaid taxes.  Georgia law allows tax commissioners to sell (or, technically, transfer) liens to third parties in exchange for payment of the amount then due (including interest, penalties, and costs).  It's not an auction, it's a fixed statutory formula.  Most Georgia tax commissioners do not transfer liens to third parties, but some of the biggest counties/cities do, including Fulton County and Atlanta.  The original post in this thread is about tax deeds sold at the courthouse steps, which are different from tax liens.

@Angela Levy Yes, it's common to get a quit claim deed from the owner so that you can take possession of the property sooner.  You need to be careful, though, since even with a quit claim deed from the owner, you may still be subject to the redemption rights of lienholders and creditors.  

Reading between the lines of your message, it sounds like you may have unrealistic expectations for the condition of vacant Atlanta properties that are sold for unpaid taxes.  By the time it reaches the tax sale, the property has often been vacant for many years, with all the electrical, plumbing, and HVAC components having been stolen.  You can also expect water damage, termite damage, and mold.  These conditions should not be considered surprises; they should be what you expect.  You can then be pleasantly surprised if you find a solid subfloor, watertight roof, or salvageable drywall.

@Angela Levy This is a pretty delicate question for which you should contact a local attorney who specializes in tax deeds.

If the property is vacant, there is a school of thought that says you can take limited actions to secure the property (like boarding it up, removing a fallen tree, or mowing the lawn).  To be clear, you still have no right to possession.  The prior owner does.  If it's occupied, I wouldn't touch it at all.  There are unsettled legal questions here, which is why I think you need to consult an attorney regarding your specific situation.