Title 48, Chapter 4, Section 81
( 48-4-81)
(a) Following the hearing and order of the superior court in accordance with Code Section 48-4-79, a sale of the property shall be advertised and conducted on the date, time, place, and manner which are required by law of sheriffs' sales. Such sale shall not occur earlier than 45 days following the date of issuance of such order of the superior court. (b) Except as otherwise authorized by law, the minimum bid price for
the sale of the property shall be the redemption amount. In the
absence of any higher bid, the petitioner may, but shall not be
obligated to, tender its own bid in an amount equal to the minimum
bid price and thereby become the purchaser at the sale. (c) From and after the moment of the sale, the sale shall be final
and binding, subject only to the right of the owner of the property
to redeem the property from the sale upon payment into the superior
court of the full amount of the minimum bid price of the sale. Such
right of redemption of the owner shall exist for a period of 60 days
from and after the date of the sale and shall be in accordance with
the following provisions: (1) Redemption by an owner in accordance with this subsection
shall result in a dismissal of the proceedings. Immediately
following such redemption by an owner, if the property was sold to
a third party at the sale, the petitioner shall refund to such
purchaser the full amount paid by such purchaser at the sale; (2) For purposes of redemption under this subsection, "owner"
shall mean the owner of record of fee simple interest in the
property as of the date of filing of the petition, together with
such owner's successors-in-interest by death or operation of law.
This right of redemption shall not otherwise be transferable; and (3) This right of redemption shall automatically terminate and
expire upon failure to redeem in accordance with the provisions of
this subsection within the 60 day period following the date of the
sale. (d) If the property is not redeemed by the owner in accordance with
subsection (c) of this Code section, then within 90 days following
the date of the sale, the petitioner shall cause to be executed on
behalf of the petitioner and delivered to the foreclosure sale
purchaser a deed for the property in substantially the form set
forth in subsection (g) of this Code section, together with such
real estate transfer tax declaration forms as may be required by
law. (e) Within 90 days following the date of the sale, the petitioner
shall file a report of the sale with the superior court, which
report shall identify whether a sale took place, the foreclosure
sale price, and the identity of the purchaser. (f) In the event that the foreclosure sale price exceeds the minimum
bid amount at the foreclosure sale, the petitioner shall deposit
into the registry of the superior court the amount of such surplus.
Such surplus shall be distributed by the superior court to the
interested parties, including the owner, as their interests appear
and in the order of priority in which their interests exist.
(g) The form of the deed provided for in subsection (d) of this Code
section shall be substantially as follows: When recorded, please CROSS-REFERENCE:
return to: Deed Book ____, page ____,
____________________ ______County, Georgia Records
____________________
____________________
STATE OF GEORGIA
COUNTY OF _______ TAX DEED This indenture (the "Deed") made this ______ day of
______________, ____, by and between _______________________, a
_______________________ ("Grantor") and ______________________, a
_______________________ ("Grantee"). WITNESSETH WHEREAS, on the ______ day of ______________, ____, during the
legal hours of sale, Grantor did expose for sale at public outcry
to the highest bidder for cash before the courthouse door in
______ County, Georgia, the Property (as hereinafter defined) at
which sale Grantee was the highest and best bidder for the sum of
$_________ and the Property was then and there knocked off to
Grantee for said sum. The sale was made by Grantor pursuant to
and by virtue of the power and authority granted to it in that
certain Order granted ______________, _____, Case No. ______,
Superior Court of ______ County, Georgia (the "Order"). Said sale
was made after advertising the time, place, and terms thereof in
the _______________________, published in ______________, Georgia,
in the aforesaid county, and being the publication in which
Sheriff's advertisements for said county are now published, once a
week for four consecutive weeks prior to said sale on the _____,
______, ______, and ____ of ________, ________, and said
advertisement in all respects complied with the requirements of
Code Section __________ of the Official Code of Georgia Annotated.
Notice of the time, place, and terms of the sale of the Property
was given pursuant to Code Section ___________ of the Official
Code of Georgia Annotated. Said sale was made for the purpose of
paying the ad valorem taxes owed to ______________________, the
interest and penalties on said indebtedness, the expenses of the
sale including attorneys' fees, all of which were mature and
payable because of failure of the owner to pay the ad valorem
taxes owed. NOW, THEREFORE, Grantor, acting under and by virtue of the Order
and pursuant to Code Section ___________ of the Official Code of
Georgia Annotated, for and in consideration of the facts
hereinbefore recited, has bargained, sold, and conveyed and does
hereby bargain, sell, and convey unto Grantee, its successors and
assigns, the following described property (herein referred to as
the "Property"); to wit: All that tract or parcel of land lying and being in Land Lot _____ of the _____ District, ______ County, Georgia, and being more particularly described on Exhibit_"A" attached hereto and by this reference made a part hereof. This Deed is given subject to all restrictions and easements, if any, to which the Deed is junior and inferior in terms of priority, and any and all tax liens which pursuant to subsection (b) of Code Section 48-2-56 of the Official Code of Georgia Annotated are superior to the rights conveyed herein relating to the Property. TO HAVE AND TO HOLD, the Property unto Grantee, its successors and
assigns in fee simple. IN WITNESS WHEREOF, Grantor, has caused its duly authorized
officer to sign and seal this Deed as of the day and year first
above written. _______________________
Signed, sealed, and
delivered in the
presence of: ___________________
Unofficial Witness
By: ______________(SEAL)
Its: ___________________
______________
Notary Public Commission Data: _______________
(NOTARIAL SEAL) EXHIBIT A
Description of the Property __________________________________________________________________
__________________________________________________________________
__________________________________________________________________ Together with all right, 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. |