Legal Question in Real Estate Law in Georgia
Unfortunately, I lost my house in White County, Georgia to a mortgage foreclosure in August 2010. Now the county is threatening a Fi Fa on property taxes. I informed the county of the foreclosure when the bills were first sent out. Without a job and living outside the state, can they still put a levy on the properety? How does effect me now that the property is no longer in my name?
2 Answers from Attorneys
The Fi Fa is issued because you did not pay your property taxes, but unlike a materialmen's lien, the Fi Fa is not "on" the property so to speak. The Fi Fa will be in your name and will basically sit out there and "look for" real or personal property in your name to attach to. The fact that your home was foreclosed on doesn't really matter -- do you own a car or any other property that is registered in Georgia? Anything that you own in Georgia can be attached, foreclosed upon (like your home), and sold to the highest bidder. If you want more specifics, please resubmit a more specific question to me through LawGuru, or contact me directly at [email protected].
Best of luck.*****The above is for informational purposes and does not create an attorney-client privilege.*******
Phillip gave you the legal answer, but there is also a practical one.
Realistically, most purchasers at a foreclosure do not want to risk losing property due to delinquent taxes. So there is a chance that the purchaser (often your lender) may pay the back taxes to protect their interest. If that happens, you may luck out. On the other hand you could face the outcome Phillip suggested. Note that you ALSO could be pursued outside Georgia if the county chose to do so.
You may want to consult a lawyer to determine your potential liability not just from the taxes but also for any deficiency from the foreclosure.
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