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: 21,275
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: 21,275
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: 10,650
Verified
Phone call session started
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,275
21,275 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
Can I use the internet forms for estate planning and a will
Can I use the internet forms for estate planning and a will in Maryland? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Colorado. I had to go on a payment plan to pay my
I live in Colorado. I had to go on a payment plan to pay my HOA dues. I made the first payment but was 7 days late on the second. The board president insisted it be turned over to collections and they… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
I am being threatened with a tax lien for the year 2015. I
I am being threatened with a tax lien for the year 2015. I did not file a tax return that year because my only income was less than $15,000 fro social security. I explained that I paid any excess mort… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
A neighbour has extended their property without planning
Hello, a neighbour has extended their property without planning permission and attached themselves to our wall. They have said they haven't drilled into our wall, but they have used glue for the ceili… read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I was planning on putting down a large down payment on a
I was planning on putting down a large down payment on a house for my daughter with both of our names on the title. I had a problem liquidating my assets so a friend stepped in and put down the money … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am the President of the master planned community that has
I am the President of the master planned community that has >4000 homes. One of the directors on the board made false accusation few times in public forum with home owners that I am personally bene… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Small business owner (dental practice) planning to lease a
Small business owner (dental practice) planning to lease a brand new luxury car in the future. Is it tax deductible or not? New York City is the place of business. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Our property has been sold in a tax lien for property taxes.
Hello, Our property has been sold in a tax lien for property taxes. We're not sure if we'll have the full amount by the due date. Is there anything we can do to not lose our home? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,817 satisfied customers
I'm trying to buy a house. I have an IRS tax lien which no
I'm trying to buy a house. I have an IRS tax lien which no longer shows up on my credit report since change in law last year. Will a lender do a title search on me as an individual or will this lien s… read more
Lori
Lori
Juris Doctor
1,056 satisfied customers
There1. California. This is in the planning stages i jsut
no, this is in the planning stages i jsut need a few tips … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
There was a plan to continue a street what is now between my
There was a plan to continue a street what is now between my and our neighbors home. There easement shown on ground map of our land. The original plan was made in 2012 our neighbors closed in 2013 and… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Lori, If the seller agrees to pay off the Federal tax lien,
Lori, If the seller agrees to pay off the Federal tax lien, should I move forward to close it? Is there any risk to do this?… read more
Lori
Lori
Juris Doctor
1,056 satisfied customers
What is the definition of a planned unit development () and
What is the definition of a planned unit development (PUD) and what are the requirements for having that status. I am particularly interested in what would be required for a subdivision that was not p… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
In 1999 I got a tax lien loan, I paid off a tax lien on
Hello My Name is*****: Where is the property located? Customer: In 1999 I got a tax lien loan, I paid off a tax lien on three lots 282,284.285 in 2005, But the release of lien only has lot 284,285. Th… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have an FTB expired, 20 year old tax lien on my public
I have an FTB expired, 20 year old tax lien on my public record. Can it affect the selling if real property?… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Can a tax lien holder (me) buy the house if the owner is I
Can a tax lien holder (me) buy the house if the owner is I foreclosure, and owes the HOA ove $25,000., or how does this work. I know he has to but the lien back from me at a am interest rate,, But I w… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,753 satisfied customers
I have a tax lien on my credit report filed on 7/15/10. I
I have a tax lien on my credit report filed on 7/15/10. I used to own a condo in florida and had to let it go. It was short sold, but the taxes were not addressed I suppose. I reside in GA and now and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,351 satisfied customers
I purchased condo through state tax lien. The HOA president
I purchased condo through state tax lien. The HOA president informed me of lien from HOA & a federal lien. What are my options? … read more
Damien Bosco
Damien Bosco
4,144 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