I thought the sheriff's office gives notice? And that only the tax deed buyer can use barment notices. NO, THE BUYER AND HIS SUCCESSORS CAN GIVE NOTICE AND YOU ARE A SUCCESSOR. THE SHERIFF PERSONALLY SERVES THE NOTICE YOU PROVIDE TO ***** COUNTY THAT YOU CAN GET A GOOD ADDRESS FOR AND YOU ALSO SEND THE NOTICE MY MAIL TO BOTH IN COUNTY AND OUT OF COUNTY INTERESTED PARTIES AND YOU ALSO PUBLISH THE NOTICE A FEW TIMES IN THE LOCAL NEWSPAPER.
"SO NOTICE WOULD GO TO THE ONE MORTGAGE HOLDER THAT WAS PROBABLY PAID OFF BUT DIDN'T RECORD A SATISFACTION OF MORTGAGE AND MAYBE ONE OTHER TITLE HOLDER FROM THE PAST, PLUS THE OWNERS THAT WERE FORECLOSED IN 2005" I think the mortgage holder foreclosed but not sure in the quote above. That's why they resold the same lot but didn't get the warranty deed - the chain in title break ie the "one other title holder" besides the owners foreclosed in 2005.
I think that the mortgage company or security deed holder are long gone btw.
So can I be the one to do the barment? YES, SEE ABOVE AND THE STATUTES BELOW
If so you just mentioned the downside - that they could reclaim the property for a very cheap price. IF YOU CAN FIND THEM THEY ARE ENTITLED TO ACTUAL MAILED NOTICE. IF YOU CAN’T FIND THEM, THEN YOU JUST PUBLISH IN THE PAPER AND NO ONE WILL SEE IT OR RESPOND
So basically I don't have secure title and am screwed and the title attorney was correct and there isn't anything I can really do about it? YES AND NO. YOU CAN KEEP THE RV ON THE LOT AND IF LESS THAN 4 YEARS AND YOU WANT TO SELL THEN YOU CAN DO THE NOTICE PROCESS AND THEN IF NOT REDEEMED THEN LIST FOR SALE. IF YOU SELL MORE THAN 4 YEARS FROM NOW, SKIP THE NOTICE PROCESS AND JUST RECORD AN AFFIDAVIT RECITING YOUR CONTINUOUS EXCLUSIVE POSSESSION OF THE PROP FOR THE 4 YEARS.
CODE OF GEORGIA
Title 48. REVENUE AND TAXATION
Chapter 4. TAX SALES
Article 3. REDEMPTION OF PROPERTY SOLD FOR TAXES
Current through 2015 Act no. 2
§ 48-4-45. Notice of Foreclosure of Right to Redeem; Time; Persons Entitled to Notice
(a) After 12 months from the date of a tax sale, the purchaser at the sale or his heirs, successors, or assigns may terminate, foreclose, divest, and forever bar the right to redeem the property from the sale by causing a notice or notices of the foreclosure, as provided for in this article:
(1) To be served upon all of the following persons who reside in the county in which the property is located:
(A) The defendant in the execution under or by virtue of which the sale was held;
(B) The occupant, if any, of the property; and
(C) All persons having of record in the county in which the land is located any right, title, or interest in, or lien upon the property;
(2) To be sent by registered or certified mail or statutory overnight delivery to each of the persons specified in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection who resides outside the county in which the property is located, if the address of that person is reasonably ascertainable; and
(3) To be published, if that tax sale occurs on or after July 1, 1989, in the newspaper in which the sheriff's advertisements for the county are published in each county in which that property is located, which publication shall occur once a week for four consecutive weeks in the six-month period immediately prior to the week of the redemption deadline date specified in the notice.
(b) Nothing contained in this Code section shall be construed to require that any notice be sent to or served upon any person whose right, title, interest in, or lien upon the property does not appear of record in the county in which the land is located.
(c) The heirs of any deceased owner of any land entitled to notice pursuant to this Code section shall be served by the sheriff or notified as provided in this article.
§ 48-4-46. Form of Notice of Foreclosure of Right to Redeem; Service; Time; Return and Record; Waiver
(a) The notice provided for in Code Section 48-4-45 shall be written or printed, or written in part and printed in part, and shall be in substantially the following form:
Take notice that:
The right to redeem the following described property, to wit:
______ will expire and be forever foreclosed and barred on and
after the ______ day of ______________, ____.
The tax deed to which this notice relates is dated the ______ day
of ______________, ____, and is recorded in the office of the
Clerk of the Superior Court of ________ County, Georgia, in Deed
Book ____ at page ____.
The property may be redeemed at any time before the ______ day of
______________, ____, by payment of the redemption price as fixed
and provided by law to the undersigned at the following address:
Please be governed accordingly.
(b) The purchaser at the tax sale or his heirs, successors, or assigns, as the case may be, shall make out an original notice in substantially the form prescribed in subsection (a) of this Code section and one copy of the notice for each person to be served with the notice. The purchaser shall deliver the notice and the copies together with a list of the persons to be served to the sheriff of the county in which the land is located not less than 45 days before the date set in each notice for the expiration of the right to redeem. Within 15 days after delivery to him, the sheriff shall serve a copy of the notice personally or by deputy upon each of the persons included on the list furnished
him who reside in the county.
The sheriff shall make an entry of the service on the original copy of the notice. Leaving a copy of the notice at the residence of any person required to be served with the notice shall be a sufficient service of the notice.
(c) If the sheriff personally or by deputy makes an entry that he is unable for any reason to effect service upon any person required to be served, the person who requested that the service be made shall forthwith cause a copy of the notice to be published once a week for two consecutive weeks in the newspaper in which the sheriff's advertisements for the county are published, unless that notice is being published as provided in paragraph (3) of subsection (a) of Code Section 48-4-45 . Either publication shall operate as and for all purposes shall be treated as service upon all persons as to whom the sheriff has made an entry that he has been unable to effect service.
(d) Each original notice together with the entry of the sheriff on the notice shall be returned to the person by whom the service was requested upon the payment of the sheriff's costs as provided by law. Any original notice together with the entries on the notice may be filed and recorded on the deed records in the office of the clerk of the superior court of the county in which the land is located.
(e) Service of notices as provided in this Code section may be waived in writing by any person required or entitled to be served with the notice.
Cite as OCGA § 48-4-46