Legal Question in Tax Law in Georgia

I recently foreclosed on a property that will be auctioned on the 1st Tuesday in November. I have not paid Taxes for 2010. Will I be obligated to pay the taxes for 2010?


Asked on 10/13/10, 3:23 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In Georgia, foreclosure does not wipe out tax liability. In other words, if you acquire the house through foreclosure, you also acquire the tax liability on the house. Your failure to pay the taxes will result (if it has not done so already) in tax liens being issued on the property and ultimately auctioned.

If you are not experienced in Georgia foreclosure law, my advice would be to hire a Georgia real estate attorney to: (i) review your notice(s) to the home owner concerning the foreclosure to ensure that it complies with State foreclosure law, (ii) review your newspaper advertisement for compliance, (iii) run a title search on the property, (iv) confirm whether the borrower has declared bankruptcy prior to the foreclosure, (v) prepare the necessary post-foreclosure documentation, including the foreclosure deed, (v) "cry-out"/conduct the foreclosure on the courthouse steps on your behalf, (vi) record the foreclosure deed and send the appropriate post-foreclosure notices, and (vii) obtain an owner's title insurance policy on the property. If you would like to discuss further at no cost or obligation to you, please feel free to contact me.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/18/10, 3:59 pm


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