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Updated over 7 years ago on . Most recent reply
Legal Notices on Foreclosing rights to redeem on taxlien
Have you ever had an issue where the property owner/entity claims he did not get notices by your attorney after the sale? How did you/your attorney defend yourself? What affect does it have on the lien interest, and the foreclosure timeline?
I been monitoring one case online, and it seems like the defendant/owner (who also happens to be an attorney!) is just trying to buy time, or attempting to not have to pay some of the interest or attorney fees. I presume the tax original tax bill would still need to be paid by him regardless, else he would need to bring a case against the county as well.
The lien isn't a large amount in proportion to the assessed value, but I am pondering a lot on it as I didnt think it would be a likely possibility as notices are sent certified mail.
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I have purchased multiple properties on tax sales on Georgia and, in at least five of them of them, the county did not properly notify the owners but were sold anyway. Two other properties had liens and the lien holders were notified but to the wrong addresses.
There was another case in which somebody alerted the county a few days AFTER I purchased a property that the owner had passed away, so the county just returned my money and invalidated the sale. (which, I am told, I could have disputed). But, it looks like the counties will sale property of deceased owners even if FIFAs can't not be legally done on the name of deceased owners. Heirs can easily invalidate those sales.
Just two days ago I had a conversation with a former owner of yet another lot that claimed he did not get a notice of foreclosure of right to redeem, while, according to the receipt and tracking I got from the U.S. Postal Service, he actually had to go to the post office to pick up the certified mail.
So , to answer your question, it is entirely possible that the owner is not properly notified and people can easily claim not having received the notification.
(of course, the tax sales "gurus", will not ever mention these kind of problems)