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I live in Georgia. I had a tax lien that I purchased at a

I live in Georgia. I had...
I live in Georgia.
I had a tax lien that I purchased at a tax sale. The purchase price went over the amount of the taxes owed by $73,000, creating excess funds. In Georgia, the tax sale purchaser has to wait one year before foreclosing on the right to redeem. Only certain individuals or entities are eligible to redeem, hence, creditors, other lien holders, or one with a legal monetary interest. Nearing the one year deadline, I was the recipient of a letter from an attorney stating that her client was entitled to redeem because he had a lawsuit against the property owner because they had entered into a purchase agreement and the owner backed out because the 2 banks that have judgements on him would get all the proceeds...the attorney demanded that they be able to redeem based on that lawsuit. There had been no money judgement in that case at that time and there still isn't. I didn't know that there had to be a judgement first that would make them eligible. So I asked the attorney if I "had" to do this. I would have much rather kept the property and marketed it as it was worth approximately $300,000-$350,000. She promptly told me they already had an order (straight up lie) and that yes I had to do this. So I did. I allowed them to redeem and received a check for approx $107,000. I checked on the case, and there was no order of any kind, just a lawsuit and a lis pendens. She lied to me and subsequently prepared a Quit Claim as a "courtesy" to me naming her client as the grantee when by Georgia law, the Quit Claim is to be done with the "defendant in fi-fa" (property owner) as the grantee. She did that to improve her clients position as she had all plans of creating a first lien position for him and claiming the excess funds. There is an interpleader case for those excess funds currently on the docket with this attorney and her client as potential recipients, resulting from an illegal and unethical fraudulent move to receive the tax lien in the first place. The complaint states that the client of the attorney that did the redemption owns the property. That isn't even true. He merely has a tax lien on the property (illegally obtained from me) and has never foreclosed on the right to redeem.There is also a calendar call hearing regarding the suit for performance against the property owner on March 8th. They have a Motion for Summary Judgment because the owner has not previously shown up at any other proceedings. I know he plans on attending that hearing so I assume they will just be setting a court date that day and not actually handling the matter unless the owner didn't show up. I feel like I need to be heard on both cases as well as have one of my own.I would like to sue this attorney and get the tax lien back in my name and do a proper foreclosure on the right to redeem which I would have done had I not been misled by this unethical attorney. I would like to not have to return the $107,000 because I have lost over a years time where I could have been marketing and selling that property. Do I have a case?
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Answered in 6 hours by:
3/4/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 20,298
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about your situation.

Yes, you do have a case. However, you may be ordered to return the $107,000.00 that you have already received.

You should file to intervene in the pending actions regarding the property through Motion to Intervene.

You can also file complaint against the Attorney with the GA Attorney Discipline for her unethical conduct.

Goodluck with your case,

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 20,298
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you for your reply. Where do I get a form to file a Motion to intervene? And if I do that on Monday, and the hearing on the one case is on Tuesday, will they acknowledge it? Although I believe that is just a calendar call hearing. I had included an image of that notice. Do you agree?
And should I basically state what I told you and provide supporting documents? And will I need an attorney after that?
Customer reply replied 10 months ago
Please call after 1pm
Alternate number is ***** cell(###) ###-####
Irwin Law
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Satisfied Customers: 10,416
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