2010 Georgia Code
O.C.G.A. 48-4-81 (2010)
TITLE 48 - REVENUE AND TAXATION
CHAPTER 4 - TAX SALES
ARTICLE 5 - AD VALOREM TAX FORECLOSURES
§ 48-4-81 - Sale procedures; time; minimum bid; finality; right of redemption by owner; execution of tax deed; report of sale
48-4-81. Sale procedures; time; minimum bid; finality; right of redemption by owner; execution of tax deed; report of sale
(a) Following the hearing and order of the superior court in accordance with Code Section 48-4-79, a sale of the property shall be advertised and conducted on the date, time, place, and manner which are required by law of sheriffs' sales. Such sale shall not occur earlier than 45 days following the date of issuance of such order of the superior court.
(b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the petitioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale.
(c) From and after the moment of the sale, the sale shall be final and binding, subject only to the right of the owner of the property to redeem the property from the sale upon payment into the superior court of the full amount of the minimum bid price of the sale. Such right of redemption of the owner shall exist for a period of 60 days from and after the date of the sale and shall be in accordance with the following provisions:
(1) Redemption by an owner in accordance with this subsection shall result in a dismissal of the proceedings. Immediately following such redemption by an owner, if the property was sold to a third party at the sale, the petitioner shall refund to such purchaser the full amount paid by such purchaser at the sale;
(2) For purposes of redemption under this subsection, "owner" shall mean the owner of record of fee simple interest in the property as of the date of filing of the petition, together with such owner's successors-in-interest by death or operation of law. This right of redemption shall not otherwise be transferable; and
(3) This right of redemption shall automatically terminate and expire upon failure to redeem in accordance with the provisions of this subsection within the 60 day period following the date of the sale.
(d) If the property is not redeemed by the owner in accordance with subsection (c) of this Code section, then within 90 days following the date of the sale, the petitioner shall cause to be executed on behalf of the petitioner and delivered to the foreclosure sale purchaser a deed for the property in substantially the form set forth in subsection (g) of this Code section, together with such real estate transfer tax declaration forms as may be required by law.
(e) Within 90 days following the date of the sale, the petitioner shall file a report of the sale with the superior court, which report shall identify whether a sale took place, the foreclosure sale price, and the identity of the purchaser.
(f) In the event that the foreclosure sale price exceeds the minimum bid amount at the foreclosure sale, the petitioner shall deposit into the registry of the superior court the amount of such surplus. Such surplus shall be distributed by the superior court to the interested parties, including the owner, as their interests appear and in the order of priority in which their interests exist.
(g) The form of the deed provided for in subsection (d) of this Code section shall be substantially as follows:
When recorded, please CROSS-REFERENCE:
return to: Deed Book , page ,
County, Georgia Records
STATE OF GEORGIA
This indenture (the "Deed") made this day of ,
, by and between , a ("Grantor") and
, a ("Grantee").
WHEREAS, on the day of , , during the legal hours
of sale, Grantor did expose for sale at public outcry to the highest bidder
for cash before the courthouse door in County, Georgia, the Property
(as hereinafter defined) at which sale Grantee was the highest and best
bidder for the sum of $ and the Property was then and there knocked
off to Grantee for said sum. The sale was made by Grantor pursuant to and
by virtue of the power and authority granted to it in that certain Order
granted , , Case No. , Superior Court of
County, Georgia (the "Order"). Said sale was made after advertising the
time, place, and terms thereof in the ,
published in , Georgia, in the aforesaid county, and being
the publication in which Sheriff's advertisements for said county are now
published, once a week for four consecutive weeks prior to said sale on the
, , , and of , , and said advertisement in
all respects complied with the requirements of Code Section of the
Official Code of Georgia Annotated. Notice of the time, place, and terms of
the sale of the Property was given pursuant to Code Section of the
Official Code of Georgia Annotated. Said sale was made for the purpose of
paying the ad valorem taxes owed to , the interest and
penalties on said indebtedness, the expenses of the sale including
attorneys' fees, all of which were mature and payable because of failure of
the owner to pay the ad valorem taxes owed.
NOW, THEREFORE, Grantor, acting under and by virtue of the Order and
pursuant to Code Section of the Official Code of Georgia
Annotated, for and in consideration of the facts hereinbefore recited, has
bargained, sold, and conveyed and does hereby bargain, sell, and convey
unto Grantee, its successors and assigns, the following described property
(herein referred to as the "Property"); to wit:
All that tract or parcel of land lying and being in Land Lot of
the District, County, Georgia, and being more particularly
described on Exhibit "A" attached hereto and by this reference made a
This Deed is given subject to all restrictions and easements, if any, to
which the Deed is junior and inferior in terms of priority, and any and all
tax liens which pursuant to subsection (b) of Code Section 48-2-56 of the
Official Code of Georgia Annotated are superior to the rights conveyed
herein relating to the Property.
TO HAVE AND TO HOLD, the Property unto Grantee, its successors and assigns
in fee simple.
IN WITNESS WHEREOF, Grantor, has caused its duly authorized officer to sign
and seal this Deed as of the day and year first above written.
Signed, sealed, and
delivered in the
Description of the Property
Together with all right, title, and interest running with the
above-described property but not taxed under a separate tax reference
number as delineated on the tax maps of the petitioner for the year(s) for
the taxes being foreclosed.
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