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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110344
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can I assign tax sale deeds to my step father. I have deeds

Customer Question

Can I assign tax sale deeds to my step father. I have deeds I bought at a tax sale In Cherokee county Georgia. I would like for him to pursue the process just as I would have done. Also have you ever heard the term Super Lein? I have more than one lien on the same owner. Am I a superior Lein holder and do I have to do the 4 week ad process in order to foreclose on right to redeem?
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can assign the right to collect the deeds to anyone you want, as you have the rights to the deeds. If you follow the notice procedures and file the tax deed as required, the owner or first mortgage has a right to redeem within 1 year and if they fail to do so, you receive the property free and clear. So if you file the deed and give notice to known lienholders to redeem within the 12 month redemption period and you publish notice as required you take the property free of any liens. You can see the process at:
Customer: replied 6 months ago.
If someone has a lis pendens on the owner because he had contracted to sell them the land but didn't follow through, are they in line to redeem and/or does the owner come before them? Also since I have 4 tax deeds on the same person, is it considered a super Lein? Am I entitled to any overage money that sits in the county funds? The county charged me for 3 years that I have since found to have cancelled fifa's on. They said the owners check bounced but they never filed corrective fifa's. They let it go that way for 3 years. Also the check that bounced was written and taxes were paid on 8/31/2012. The fifas show cancelled and recorded on 9/13/2012. If the check bounced, why would they wait two weeks then go ahead and cancel them? It's a total of about $8000. I think they owe it back to me.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The new owner comes before them, because a lis pendens is only a notice there is a legal claim and if they did not file suit against the original owner to perfect their claim, then once the tax sale occurred.
Just because you have 4 on the same person does not make it a super lien. A super lien is a name given to the lien when it takes priority over all other liens. In GA it is a super lien if you give proper notice to the primary mortgage holder and they fail to act within the 12 month redemption period.
If the checks bounced and the taxes were not paid, then I do not know why you would be owed money back, even if they waited 3 years. That is why they had a tax sale, the taxes were delinquent.
Customer: replied 6 months ago.
They did file a suit for performance.
Customer: replied 6 months ago.
Ok, so the attorney that represents the man who had contracted with the owner of the parcel I have a tax deed on, to purchase it (and has a suit for performance in place and a lis pendens filed) has contacted me and wishes to redeem the property for the statutory redemption price according to the ocga rules. This parcel is the only one of the 4 that I have that belong to the same owner that is both the subject of a judgement and a lawsuit. I'm assuming, I have no choice but to allow them to redeem. The owner would like to redeem as well, but wants me to quit claim the redemption to him in the name of an Llc. I feel that he is trying to hide the property from the judgement and the lawsuit. I feel that I would be a party to money laundering if I agreed to do this. He's going to want to do the same thing with the other 3 parcels that were his. There was only one other parcel that I bought other than those 4 and it wasn't his prior to the tax sale. He wants to redeem it, but he isn't eligible. He's not the owner and there are no liens on that property. He also wants that to be done by quit claim to an Llc. Please advise...
I realize there may be more money due on this ongoing questioning.
Customer: replied 6 months ago.
Need to know if I can let the original owner of the parcels that I purchased at a tax sale, redeem if he is wanting the quit claims to show an Llc name instead of his personal name. The Llc doesn't bear his name anywhere. So is it even eligible to redeem on his behalf? There are 4 parcels that are his. All 4 are subject judgments by two banks. Those banks have not come forward to redeem, however, one of the parcels was the subject of a real estate contract for purchase where the owner backed out after learning that the banks would take all of the proceeds. The attorney representing the buyer in that contract, subsequently filed a suit for performance. She has requested to redeem that parcel for her client. Do I have to do that? Or should the owner get the parcels back?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply
They have a right to redeem within the GA statutory period, so if they ask to redeem any of the parcels then you have to arrange the transfer. The owner or the party who has the mortgage lien on it are the ones who have the right to redeem. If the owner actually sold it to another party then they have the right to redeem it. You have to redeem it to the other owner though if you are within that period.
Customer: replied 6 months ago.
I know this is all a little complicated, but I never feel like my questions are answered fully. In the past, I have used justanswer attorneys that go back over the information and chronologically answer each thing asked. Even if they wind up saying the same thing more than once. It's a great way to address someone's concerns.
I have one last question: if the original owner wants to exercise his right to redeem, and he wants to have the quit claims that I am obligated to prepare, made out to an Llc that does not show his name (i.e. The registered agent is a service, like CT Corporation, who acts as a registered agent for an annual fee and the organizer is an attorney, and all addresses are those of the registered agent and the attorney) is that legal and within the tax sale redemption requirements? It seems like unless the Llc showed his name, it would not be an eligible party/entity to redeem and I would be concerned about getting in trouble for that?????
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Generally, being repetitive is not something that I do, each question you asked was answered above.
If the original owner wants to redeem and wants it quit claimed to the LLC, he must present you some proof that he transferred his right of redemption to the LLC, which he can do as I said above. If he has transferred his right of redemption to the LLC, which is legally a separate person, then upon him paying you what he must pay per statute, then you would be able to execute the quit claim deed to the LLC.
So if he provides you a written document showing he has transferred his right of redemption to the LLC, then it is perfectly legal for the LLC to redeem the property and for you to give the quit claim in the name of the LLC.

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