In-Rem Judicial Tax Foreclosure
Overview of In-Rem Judicial Tax Foreclosure (O.C.G.A.§ 48-4-75 through 48-4-81)
Ad valorem taxes must be delinquent at least 12 months to be eligible for Judicial In Rem Tax Foreclosure.
A full title search, consisting of 50 years or more pursuant to Georgia Title Standards, is performed to determine the current owner of record and any legally interested parties associated with the property.
Several legal documents pertaining to the foreclosure process, which include the Petition for Judicial In Rem Tax Foreclosure and the Notice to Respondents and All Interested Parties, are filed with the Fulton County Clerk of Superior Court.
An appointed Fulton County Superior Court judge establishes a rule nisi date (hearing date). Notice to all parties is published twice within thirty days (30) of the hearing, in the Fulton County Daily Report.
At the hearing, the judge will query both the owner(s) and/or any legally interested parties, if present, as to their intentions to reclaim the property by paying the tax indebtedness owed to Fulton County. Provided the judge's ruling is in favor of Fulton County, the judge will sign an Order, ordering the property to be sold on the Fulton County Courthouse steps no earlier than 45 days after the hearing.
Notice of the ensuing tax sale is published in the Fulton County Daily Report four (4) consecutive weeks prior to the date of sale.
Judicial In Rem Tax Foreclosure sales occur on the first Tuesday of each month on the Courthouse steps of Fulton County, 136 Pryor Street, Atlanta, Georgia 30303. The legal hours of sale are between 10:00 a.m. and 4:00 p.m. Judicial In Rem Tax Foreclosure sales start promptly at 10:00 a.m.
At sale, the minimum bid listed for each property will consist of delinquent taxes plus any accrued interest, penalties and fees through the date of sale. Payment must be tendered in the form of certified funds, cash or a cashier's check, before 2:00 p.m. the day of sale. In addition, outstanding current ad valorem taxes must be paid at the same time the successful bid is paid.
After the sale, only the current owner of record has sixty (60) calendar days to redeem the property (pay off delinquent taxes plus any accrued interest, penalties and fees). If the current owner of record fails to redeem in the property in sixty (60) days, the owner loses all rights to the property.
Within thirty (30) days after the sixty (60) day redemption period the bonafide purchaser at sale will be issued a Judicial In Rem Tax deed to the property. The title to the property will be free and clear from all liens, claims and encumbrances.
A Report of the Judicial In Rem Sale will be filed with the Superior Court of Fulton County.
**Please Note: All properties sold at the Judicial In Rem Tax Foreclosure sale are under the "Caveat Emptor" (Buyer Beware) principle. Pursuant to state law, tendering bids at public sales or outcries, bidders become personally liable and responsible for such bids. We strongly recommend proper due diligence is performed prior to appearing and attempting to purchase a property at the tax sale. Please govern yourself accordingly. **