Legal Question in Real Estate Law in Georgia

can a "tenent in possession" purchase a property at tax sale auction?


Asked on 7/19/12, 10:42 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

No one purchases property at a tax auction. When you are the successful bidder at a tax auction, you receive a TAX deed. Stated differently, you are not the fee owner of the property if you are the successful bidder at a tax sale. Instead, you are entitled to a return on your money, plus interest during a certain period of time. If that period of time lapses and the property owner does not pay you your investment plus interest, only then can you go through a time consuming and expensive process (lawyers, courts, etc) to ultimately gain fee ownership of the property.

In short, I would not recommend that anyone venture into the world of tax auctions unless you either (i) have prior experience doing so, or (ii) have consulted with a lawyer to fully understand the cost, consequences, the benefits, the liabilities, etc., of successfully bidding at a tax sale. When buying a tax deed, neither the sheriff's office (who conducts the auction), nor the courts, nor the tax commissioner's office, will help you understand the process beyond the little generic information posted online.

If you decide to participate in a tax deed auction and would like to consult with a lawyer prior to do doing so (or if you have already successfully bid and want to know what to do next), feel free to contact me. I have advised clients on tax deed issues and have purchased a couple of my own in Georgia.

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

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Answered on 7/20/12, 3:41 am


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