In Georgia--When a property has sold in the sheriff sale are all the liens forgiven-or just certain liens and judgements cleared

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I heard that you could buy the property at the sheriff sale and all the other liens and judgements that make the property overpriced are forgiven AFTER the sale?

Attorney Answers

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Randall Lipshutz ·
You have part of the story correct, but it gets more involved and beyond the scope of ansswers on this web site to give a full explanation, but here are some basics. If the sheriff sells property at a tax sale, the sale wipes out all liens that are junior to taxes, which are most things. But there is a 1 year redemption period when the property can be redeemed (payment of 120% of the tax sale purchase price), and then all lien re-attach. if you get past one year and redemption is barred (there is a procedure to be followed to do so), then the property is permanently cleared of the prior liens. If the sheriff sels property based on a judgment other than taxes, you would have to examine the facts of that case to determine what, if any, liens and judgments are cleard. For example, if a sheriff sells property based on a condominium lien, there is no redemption period as with a tax sale, but that sale does not clear higher priority liens. If you are looking at a specific situation and a specific sale, you really need to consult with an attorney before putting your money into the property.
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David Mcmahan ·
The one year redemption period is a little more complex than that. By statute, it is a four year redemption period, and the penalty to redeem can include the amount paid at tax sale, plus 20 percent for the first year (or fraction of a year), then 10 percent per year or fraction of a year for the remaining three years. IF the person who bought the property at tax sale "forecloses the right of redemption" by sending a letter and other things to the Defendant in Fi Fa (the person who lost it at tax sale) then it is possible for the person who bought it at tax sale to take away the redemption rights of the Defendant in Fi Fa or any other interested parties. However, if the interested party is a minor or is otherwise incapacitated, the four year period may not begin to run until such time as the person gains the age of majority or otherwise becomes competent, or the interested person becomes someone who is competent due to death of a prior interested person. Also, if a tax deed ripens into ownership, either by the running of the statutory time period, or through the process of foreclosing the right of redemption, most of the time the person who bought the property at tax sale through a Sheriff's deed cannot get title insurance on the property (which means it cannot be sold or mortgaged) unless and until a "quiet title" action is filed. A quiet title action is a lawsuit that asks the superior court to declare that a particular person owns a particular piece of property for sure, and ensures that there would be no person with rights of redemption who could come back and redeem the property later. You should definitely consult a real estate attorney with specific experience in tax sales, rights of redemption and quiet titles.
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