Legal Question in Real Estate Law in Georgia

Re: Real Estate obtained through overdue taxes

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Generally not. When you acquire the "tax lien" you step into the rights of the County that sold you the taxes. The County is ahead of the 1st and 2nd mortgage and ahead of mechanic's liens etc. These fights, however, sometimes turn out to be very FACT INTENSIVE fights, especially, if one has multiple tax sales in a chain of title. I have one now were I beleive my client has eliminated a $140,000 subordinate mortgage held by First Union. As you can imagine, First Union is of the distinct opinion that I am wrong and its lien is still good. (It is not, but I will let the Judge explain it to them).

Without the "facts" the best I can tell you is to analyze your claim as though you are still the County and then determine whether you are "ahead" of all claims and liens.

I have quite a bit of material on Georgia Tax sales posted on the web at http://www.woodandmeredith.com Go to the search engine and type in "tax" or "tax sales" and your should be routed to the Tax Sale pages -- or use the Site Index.

There is an additional bankruptcy wrinkle to whether you have priority, but I will stay away from turning muddy waters into blackened muddy waters.

Good Luck. Hugh Wood