Georgia General Assembly
Unannotated Code
48-4-81.html
48-4-81.
(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
COUNTY OF __________
TAX DEED
This indenture (the 'Deed') made this ______ day of
______________, ____, by and between _______________________, a
_______________________ ('Grantor') and ______________________, a
_______________________ ('Grantee').
WITNESSETH
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 part hereof.
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
presence of:
___________________
Unofficial
Witness
By:
_______________(SEAL)
Its:
_____________________
______________
Notary
Public
Commission Data:
_______________
(NOTARIAL
SEAL)
EXHIBIT
A
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.