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Ask Roger Your Own Question
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a very complicated issue. But the bottom line is that

Customer Question

I have a very complicated issue. But the bot***** *****ne is that a writ of possession has been issued and I need to know if there is a way to stop it.
JA: The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: We entered into a owner-financed purchase agreement a year and a half ago. Back taxes were due on the property and we gave the owner the monies to pay the taxes. Later we learned that the taxes had not been paid and the property tax deed was sold for $375K ($6K was the actual tax debt). The company who purchased the taxes then sold it to another company. They sent us a notice to vacate the property. We missed the court date, a default judgement was rendered. We asked for a continuance which was denied. Today we learned that a writ of possession has been filed. How do we stop this?
JA: OK. The Real Estate Lawyer will need to help you with this. Is there anything else important you think the Real Estate Lawyer should know?
Customer: Yes, we understood that in the state of Georgia the owners had a year and one day from the day of the sale to redeem their property. The property was sold again before the redemption period was up. The very first time we heard anything about the company that purchased it (the second time) was when we got the eviction notice.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Are you the record owner of the property OR are you still in the lease-purchase period (with the seller still owning the property)?

Customer: replied 1 year ago.
The seller still owns the property. The tax sale took place four months after we entered purchase agreement.
Expert:  Roger replied 1 year ago.

Ok. Thanks.

If you are not the property owner, nothing you could file would stop the proceedings between the creditor and the property owner.

Expert:  Roger replied 1 year ago.

Instead, your claim would be against the owner/seller. If it failed to maintain the title to the property that caused your contract to be compromised, you would have rights to pursue the owner/seller for damages.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks.