Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 hours by:
3/4/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,335
Experience: B.A.; M.B.A.; J.D.
Verified

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.

Ask Your Own Real Estate Law Question

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: 22,335
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year 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 1 year ago
Please call after 1pm
Alternate number is ***** cell(###) ###-####
Irwin Law
Category: Real Estate Law
Satisfied Customers: 7,175
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,335
22,335 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Georgia has the tax levy sale. I asked the department, it is
Georgia has the tax levy sale. I asked the department, it is said that I can get the 20% interest regardless if I get the property 1 year from the bidding or not. Is that backed up by goverment or oth… read more
LegalGems
LegalGems
Juris Doctorate
12,500 satisfied customers
In Alabama, I invested in a tax lien tax eventually became a
Hi, In Alabama, I invested in a tax lien tax eventually became a tax deed. I found that the deed had past due excessive HOA fees and liens, and the mortgage is more than the value of the condo. How do… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,020 satisfied customers
I asked my question but probably did not ask it the right
I asked my question but probably did not ask it the right way and now I actually have 2 questions. They are probably more for a tax attorney but I did not see that as an option. 1) I purchased a tax l… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
I redeemed a property over 2 years ago. The amount covered
Hi there, I redeemed a property over 2 years ago. The amount covered the back taxes, interest & fees as well as the amount the investor paid to satisfy property tax liens from previous years from othe… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
Ohio: How do I answer an Ohio foreclosure complaint, as a
Ohio: How do I answer an Ohio foreclosure complaint, as a junior lien holder (defendant?), to permit the foreclosure to proceed to sale and set-up my lien position? It is a property tax foreclosure, (… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a client that has request s excess funds non judicial
I have a client that has request his excess funds for a non judicial sale of his house because of non-payment of property taxes. A petition for interpleader was filed by the Tax Commissioner of Coweta… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I owner financed a condo to an LLC company. They were trying
I owner financed a condo to an LLC company. They were trying to rent the property out but failed to keep up the mortgage payments to me.. Now the condo association is trying to foreclose on the proper… read more
KLAW
KLAW
Juris Doctorate
2,253 satisfied customers
I am an attorney in Texas. Texas client received from its
Hello, I am an attorney in Texas. Texas client received from its mortgage a Discharge of Deed to Secure the Debt. 1. The Tax assessor foreclosed on its property tax lien in December of last year, and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I received a letter saying that my house had been sold to satisfy
I received a letter saying that my house had been sold to satisfy unpaid taxes. The amount of taxes were less than 3k, the house is worth 160k. I had been saving to pay it but my husband moved out lea… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
Does purchaser of a tax deed in Georgia have the right to satisfy/payoff
Does purchaser of a tax deed in Georgia have the right to satisfy/payoff a tax lien fifa if the transferee does not want to accept the payoff? Background: I purchased a tax fifa from Fulton County in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi, I just won on eBay, Foreclosure rights for a 1 BEDROOM/1
Hi, I just won on eBay, Foreclosure rights for a 1 BEDROOM/1 BATH condo..... What does that mean for me? Is the property mines now? Do I own this property? What happens now since I won this property? … read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
I am buying a property at a county tax foreclosure sale in
I am buying a property at a county tax foreclosure sale in wayne county michigan and I see that there has been land contract done in 2009 on this house. does the tax foreclosure cancels the land contr… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
How do I foreclose on property that I, as an investor,
How do I foreclose on property that I , as an investor, purchased last year in Georgia. I do have the deeds to the 3 properties , but the owner has one year to redeem the property. How can I secure th… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
I found a property in Texas that was on the county tax sale
I found a property in Texas that was on the county tax sale list. I contacted the owners prior to the county forclosure. I agreed to pay off their taxes, take over their existing mortgage payments and… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My mother is in a nursing home in Georgia. On Dec. 31 2010
My mother is in a nursing home in Georgia. On Dec. 31 2010 she owed the city $436 in property taxes - on Aug. 3 2011 they sold a tax lien on her home to an investor called Associated Properties, who p… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
If I buy a deed from the Harris County Tx tax sale, who is
If I buy a deed from the Harris County Tx tax sale, who is required to pay the taxes after I purchase, but before the redemption period?… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Im attempting to create a new niche in Real Estate Investing.
I'm attempting to create a new niche in Real Estate Investing. I want to buy the property from the homeowner after it's lost at the tax lien sale. I called Pat Lensmyer's Office (Local Boone County Co… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am interested in bidding on a property which is up for public
I am interested in bidding on a property which is up for public auction. This particular property is subject to the right of redemption (in this case 365 days). The property has total encumbrances (li… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x