How do I handle this property with a title dispute? Georgia

[Akeem Ogle]

Hello BP, Calling all real estate attorneys, title companies, and anyone with wisdom on title issues. I’ll try to keep the story. I’m in contract to purchase a home from party A. The tax records show that party A is the sole owner of the property. I then find out that party B recorded an affidavit of forgery in 2017 stating that party A forged the quit claim deed filed in 2014. To make it interesting, party A undoubtably owns an interest through a tax deed from 2011. Apparently party B let the property go into tax foreclosure, and party A won the property at the tax sale in 2011. In Georgia, anyone who loses their property to a tax sale has a one year redemption to pay off the debt plus interest to regain full ownership off the property, otherwise the party that won the property at auction can be granted full ownership. I have spoken to party B, and he is interested in selling the property too. I am not sure how to proceed. 1. What kind of paperwork would it take and where does it need to be filed to transfer full ownership to party A, Party B, or both assuming that I can get them to agree on something? From that point, I assume that title will be clear and then the house could be sold. 2. Should I just pay an attorney or title company to dig deeper? (I am hesitant to get into billable hours with everything so foggy) 3. Do you think I can probably get an attorney experienced in these matters to do some digging and propose to cut him/her in in the deal once it’s figured out? (The deal has a large spread) 4. Should I just let this one go? I appreciate the feedback!

[Rick Pozos]

From what you said, it looks like B is out of luck. Contract with A and take it to a title company first. The preliminary title run will get the facts out in the open. The title company should be able to tell you pretty quick where you stand as far as clear title goes.

If they say that B has to sign a new QCD, pay him something to do it. $1k, $5k, or whatever it is worth it for you do get the deal done. You said there is plenty of equity so it should not be a big deal to pay him off (if you NEED to).

Difficult deals are usually the ones that make me the most money.