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All Forum Posts by: Matt Sicignano

Matt Sicignano has started 3 posts and replied 92 times.

Post: Tax Sale Property - Taking Possession of abandoned house

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

Yes, you're right;  the terminology, for clarity  should be "tax lien sale" since it is only the lien that is sold, then, for good measure, they saddle it with redemption rights, which limits what the owner of the lien can do for a period of time. (EDIT: yes the original poster was incorrect in calling it a "tax sale; it turns into a "tax deed" after obtaining possession of the property by one of the two ways mentioned)  It never really was intended for buyers to obtain the property, and most do not. It is an investment, with a high payoff if redeemed.  (* see below, for an interesting sidebar)   And like all investments, you can lose your money. (you can't insure a property you don't own; if it burns down without insurance, you're out your original investment)  Most properties that are abandoned are abandoned for a reason. If a property has no mortgage, no junior lien holders, no insurance and no taxes paid; it's likely there is a good reason (think Detroit).  You have to be careful when obtaining title-suppose the property is a meth lab, or partially burned-now it's your responsibility to clean it up or demolish. 

* Georgia was immersed in a scandal a few years ago. The tax commissioner was farming out tax liens to a private company.  95% of the tax liens sold were to one company. They had no interest in obtaining properties. They would send collection letters for amounts a little as $200 with interest and fees almost doubling the amounts owed, and they were doing it with little or no notice. Most of these amount owed were for minor amounts of money, but they were sent out by the hundreds. For his efforts in "collecting back taxes" the Commissioner made a "commission" on each one. And yes, that was legal! 

Including fees he collects, Fulton County Tax Commissioner Arthur Ferdinand was paid $383,000 last year. When he began the job in 1997, he made $77,400.

Post: Tax Sale Property - Taking Possession of abandoned house

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

@William Hochstedler

Did you not read all the posts here, including the most obvious incorrect replies, which are amusing and in some cases illegal.  ( I can only imagine the mess Ed Mayo bought if he didn't even research the basic rules before he invested!)   In a tax sale in Georgia-you are a LIEN HOLDER, not an OWNER.  You can't evict someone from a property you don't own, nor do you have any rights to "secure" the property, and you don't until the redemption period is over.  You then remain a LIEN HOLDER until you convert it to an ownership position ( after the minimum periods described) in one of the two ways I mentioned in my earlier post.  

Post: Tax Sale Property - Taking Possession of abandoned house

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

To answer the "unanswered" question-here's what "ripen by prescription" means in Georgia law. You can wait, then just take over!

A title under a tax deed executed on or after July 1, 1989, but before July 1, 1996, shall ripen by prescription after a period of four years from the execution of that deed. A title under a tax deed properly executed on or after July 1, 1996, at a valid and legal sale shall ripen by prescription after a period of four years from the recordation of that deed in the land records in the county in which said land is located.

(a) A tax deed which has ripened by prescription pursuant to any provision of this Code section shall convey, when the defendant in fi. fa. is not laboring under any legal disability, a fee simple title to the property described in that deed, and that title shall vest absolutely in the grantee in the deed or in the grantee's heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term specified in this Code section shall begin from the time the disabilities are removed or abated.

(b) Notice of foreclosure of the right to redeem property sold at a tax sale shall not be required to have been provided in order for the title to such property to have ripened under subsection (a) or (b) of this Code section. 

Post: Tax Sale Property - Taking Possession of abandoned house

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

You will have to foreclose on the property, which is a good idea-since tax sales are "buyer beware", and you want to get rid of junior liens, if any. Here are the rules pertaining to Cherokee County, Georgia-I'm not sure if this is statewide or just countywide; but I believe state law is overriding.  

"Until the right of redemption has been foreclosed or the title has ripened by prescription, a tax deed has the same force and effect as a lien. After 12 months from the date of the tax sale, the purchaser at the tax sale may terminate or foreclose on the owner's right to redeem the property by causing a notice(s) of the foreclosure to be served by certified mail to the owner of record and to all interest holders which appear on the public record. In addition, the notice of foreclosure is to be published in the newspaper in the county in which the property is located once a week for four consecutive weeks."

Notice of Foreclosure of Right to Redeem

Post: Georgia Landlords

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

I concur. It's very fast eviction, and inexpensive for the landlord (if he is not an LLC) , notices and security deposit requirements are very lax compared to other states, and inspection and requirements for landlords are practically non-existent.

Post: Contractor Problems!

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

Why wouldn't you?

Post: What city should I invest in?

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

Here's something that might help you in your decision-it's from the chief economist of the National Association of Realtors. It looks like Miami, Las Vegas and Phoenix will have high appreciation rates with the major cities in the extreme appreciation range.....what's that?, wait a minute, what the $$#@@!!-what date is this from!

Post: Sunrise or sunset on the housing market?

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

Yes-these figures from the chief economist of the National Association of Realtors also look impressive!  

(wait, what? Is that date 2008??!!!) 

Post: Rent up 20% in Atlanta this year

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

Like any hot market, I think Atlanta is prone to a bubble. Check out Curbed's article on the massive amount of apartment construction slated and underway in Atlanta. Like the builders of single family homes who got off the train after it hit the wall; the apartment bandwagon is going full steam.  Land prices are high now and they are all building Class A properties. When it becomes saturated those left standing when the music stops will be left with no other choice than to discount for cash flow. That's what going to be our competition.  I think there is a parallel with the  the Miami market-1200 units delivered last year, from a peak of 10,000 in '08, but 7300 under construction now (!) Classic case of building for what you to happen, instead of what will happen. In fairness, it's not all greed that does it-these projects sometimes take years from concept to execution, and it's tough to pull the plug when you reach a certain point. And rents are skewed by area-Atlanta is hot, (but look at the massive amount of construction going on to bring pressure on that) but I still have a  4/BR house in Dallas, GA , bought new in '09, that is still 20K underwater, and having a hard time renting it at $1200. 

Post: Cash for keys- rewarding bad behavior

Matt SicignanoPosted
  • Investor
  • Smyrna, GA
  • Posts 96
  • Votes 72

@Sean Kuhn  (and others who seem to be just out for the money) Read my post-if you do not create a public record-you are screwing the next landlord. It has nothing to do with pride. Why are you on Bigger Pockets?  This is a network of landlords helping other landlords, not "every man for himself".   Submitting to extortion doesn't help the next landlord-it just rewards bad behavior and creates an inaccurate credit record.  It's the same as  the deadbeat tenant who gets something for nothing. What does your membership get you? I only wish that the next tenant some of these extortion victims get is the one with the clean credit record who has milked the "cash for keys" to death!