All Forum Posts by: Ed Tamayo

@Matt Sicignano

Thanks for answering my question. I would like to add just one more comment.

In Georgia, when you make a purchase in a tax sale, you get a Tax Deed which is a defeasible title and not a Lien. So you are not, technically, a Lien Holder, but an owner with restricted rights.

Having said that, I don't believe this distinction makes the other comments you made incorrect for the case discussed here.

Thanks to all for your answers. 

I got a response from a attorney on this. What needs to be done now is the Foreclosure to Right to Redeem and then request a Writ of Possession.

Thanks to all for the answers so far

About Rich's question:  I did not think in hiring an eviction attorney because there is nobody to evict but that could still be the route to follow. 

For the answers I got and more thinking I have done, it seems that I need to at least do the Foreclosure to right to Redeem before I can take physical possession of the house.

I do plan to do the Foreclosure to right to redeem and I will start that right away,

I have no doubt that after that is done I can get physical possession of the house.

My plan is to fix it up and rent it out.  I then will go ahead and do the quit title action.

Thanks Jorge.

Georgia is a tax deed state so the deed has already been recorded. The property is on my name now.  The party who sold me the deed is the county who will not answer questions.

@David Dachtera,

Thanks for the quick replay.

I still would like to hear from  folks that have been in this situation or might have an insight.  I might end up asking an attorney, but in my experience, you get better advise from an attorney of you inform yourself ahead of time, hence my question here.  Thanks

Hello,

I bought a house in a tax sale in Georgia which is a tax deed state with a redemption period of a year. That deadline has just passed and the house is abandoned.

I wonder if I can take possession of the house now that the year has passed. 

Can I just get in?   Shall I notify the Sheriff? Some other thing to do?

Any comment/pointer would be appreciated.

Some more info from the  county website 

“The owner, creditor, or any other person with in the property may redeem the property at anytime during the 12 months following the tax sale. The purchaser of the tax deed cannot take actual possession of the property during this time”

I called the county and they would not answer my question saying that they have nothing else to do with the property and to consult and attorney.  

A few weeks ago I went to a courthouse in a small city wearing a nice slacks and  jacket  and I clearly noticed that I was paid attention because I looked like I meant business.  I was even walked into the courtroom  without going through security!.   We still live in a time that you are treated according to how you dress. 

Thanks to all that offered advise on my question. To close this topic I am glad to say that I was dismissed from the lawsuit I was involved by the City o Gainesville. I ended up presenting a filing myself and based on that filing I was dismissed. I had been hesitant to represent myself because the property is owned by an LLC but it turns out that, in Georgia, LLCs can be represented by full time employees (and, I assumed , owners) in courts that are "not of record".

And for the eviction question. The renter left without having to file a formal eviction which was good. 

 The QCD would be after the county has done the tax sale and signed me the tax deed so "all those back taxes" were paid at the time of the tax sale. The only benefit is that the former owner is actually giving away their right of redemption.  

This only makes sense if there are no other liens as I can't see a bank or the IRS signing a QCD.

I have bid in three occasions in Auction.com and won one time. What they do is get a firm offer an present it to the bank. The bank then says yay or nay. The time I did win I ended up with the distinct impression that the "bidding" was totally manipulated by auction.com and that I was the only bidder.   After "winning"  I was called multiple times a day to send the initial deposit. After a few days they told me that the bank had not accepted the offer and they promptly returned my money.