Title 48, Chapter 4, Section 78
( 48-4-78)
(a) After an ad valorem tax lien, based upon a digest approved in
accordance with the law, has become payable and is past due and
thereby delinquent, a tax commissioner or other tax collector, as
appropriate, may identify those properties on which to commence a
tax foreclosure in accordance with this article. The tax
commissioner or other tax collector, as appropriate, shall not
commence tax foreclosure in accordance with this article for a
period of 12 months following the date upon which the taxes
initially became delinquent. (b) The tax commissioner or other tax collector, as appropriate,
shall file a petition with the superior court of the county in which
the property is located, which petition shall have form and content
substantially identical to that form as provided in subsection (g)
of this Code section. When the subject property is located in more
than one taxing jurisdiction, the entity filing the petition shall
identify in the petition only those portions of such property lying
within the jurisdiction of the taxing authority of the petitioner. (c) The petition shall be filed against the property for which taxes
are delinquent and shall provide: (1) The identity of the petitioner and the name and address of the
individual responsible for collecting the delinquent taxes; (2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The calendar year or years for which the taxes are delinquent; (6) The principal amount of the delinquent taxes together with
interest and penalties; and (7) The names and addresses of parties to whom copies of the
petition are to be sent in accordance with subsection (d) of this
Code section. (d) The petitioner shall mail copies of the petition by certified
mail or statutory overnight delivery, return receipt requested, to
all interested parties whose identity and address are reasonably
ascertainable. Copies of the petition shall also be mailed by
first-class mail to the property address to the attention of the
occupants of the property, if any, and shall be posted on the
property. (e) Simultaneous with the filing of the petition, the petitioner
shall cause notice of the petition to be filed in the appropriate
lis pendens docket in the county in which the property is located. (f) Within 30 days of the filing of the petition, the petitioner
shall cause a notice of the filing of the petition to be published
on two separate dates in the official organ of the county in which
the property is located. Such notice shall specify: (1) The identity of the petitioner and the name and address of the
individual responsible for collecting the delinquent taxes; (2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The applicable period of tax delinquency; (6) The principal amount of the delinquent taxes together with
interest and penalties; and (7) The date and place of the filing of the petition. (g) The petition for ad valorem tax foreclosure shall be written or
printed, or written in part and printed in part, and shall be in
substantially the following form: SUPERIOR COURT OF ________COUNTY
STATE OF GEORGIA Petitioner: )
TAX COMMISSIONER/TAX COLLECTOR)
________________ )
________________ )
________________ )
(Name, Address, )
Telephone Number) )
v. )
Respondents: ) Case No.:_____
___ ACRES OF LAND LYING )
AND BEING IN LAND LOT )
______, DISTRICT ______, )
_______ COUNTY, GEORGIA; )
AND ___________________ )
_______________________ ) (Insert name and mailing address of owner of property.) PETITION_FOR_AD_VALOREM_TAX_FORECLOSURE COMES NOW (Petitioner) and petitions this Court for an in rem tax
foreclosure by showing this Court as follows: 1. _______________________ is the owner of certain real property
located at _________________________(the "Property") having a
tax identification number of ______________. (A legal
description of the Property is attached hereto as Exhibit_"A"
and by this reference incorporated herein). 2. The ad valorem taxes assessed against the Property by
City/County of ______ for the year(s) ____ in the amount of
$______ (amount includes principal amount of taxes owed and any
accrued interest and penalties as of this date) have not been
paid.
3. Attached hereto as Exhibit_"B" is a list of the names and
addresses of Interested Parties also receiving a copy of this
Petition by certified mail or statutory overnight delivery
return receipt requested. 4. ____________________ and ____________________ as occupants of
the respondent Property shall be served by mailing the petition
by first-class mail to the attention of the occupants at the
above-listed Property address. 5. The Petition has also been posted on the Property in accordance with Code Section 48-4-78 of the Official Code of Georgia Annotated. 6. Simultaneously with the filing of this Petition, Petitioner has
filed a lis pendens. WHEREFORE, Petitioner demands (1) a hearing in the Superior Court
of ________ County (the "Court") and (2) a judgment by the Court
stating that (a) the taxes for the Property are delinquent and (b)
that Notice has been given to all Interested Parties, and ordering
that the Property may be sold at public outcry pursuant to Code
Section ____________ of the Official Code of Georgia Annotated. TAX COMMISSIONER/TAX COLLECTOR
City/County of _______________
By: __________________________
Its: _________________________ NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES This Petition serves as notice to the Respondents and all
Interested Parties that (1) each party is presumed to own or have
a legal interest in the Property, (2) that foreclosure proceedings
have been commenced because of the failure to pay the real
property taxes cited above, and (3) foreclosure will result in the
loss of ownership of the Property and all rights or interests of
all Interested Parties. To avoid loss of ownership or any interest in the Property,
payment of the full amount of taxes, penalties, interest, and
costs must be paid to the ______________ office located at
_______________________ by ______________ date. Respondents and
all Interested Parties are also reminded that each of you may wish
to contact an attorney to protect your rights. A Hearing on the above matter shall take place in the Superior
Court of ________ County no earlier than 30 days after the filing
of this Petition. To determine the exact time and date of such
hearing, please call Clerk of Superior Court of ________ County. This ______ day of ______________, __.
_______________________________
Deputy Clerk
Superior Court of ______ County EXHIBIT A
Description of the Property __________________________________________________________________
__________________________________________________________________
__________________________________________________________________ Together with all rights, title, and interest running with the
above-described property but not taxed under a separate tax
reference number as delineated on the tax maps of the petitioner
for the year(s) for the taxes being foreclosed. EXHIBIT B
Names and Addresses of Interested Parties __________________________________________________________________
__________________________________________________________________
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