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Information below provided by Georgia State General Assembly
48-4-79.
(a) The petitioner shall request that a judicial hearing on the petition occur not earlier than 30 days following the filing of the petition. At such hearing any interested party shall have the right to be heard and to contest the delinquency of the taxes or the adequacy of the proceedings. If the superior court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The taxes are delinquent;
(2) Proper notice has been given to all interested parties;
(3) The property as described in the petition be sold in accordance with the provisions of this article; and
(4) The sale shall become final and binding 60 days after the date of the sale in accordance with Code Section 48-4-81.
(b) The order of the superior court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:
(1) Rights of redemption provided under federal law;
(2) Tax liens held by Georgia governmental entities other than the petitioner which are superior to the taxes identified in the petition by virtue of the provisions of subsection (b) of Code Section 48-2-56;
(3) Easements and rights of way of holders who are not interested parties under subparagraph (C) of paragraph (1) of Code Section 48-4-77; and
(4) Benefits or burdens of any real covenants filed of record as of the date of filing of the petition.
(c) If, upon production of evidence to the court by any party, it is determined by the court that any interested party died within the six-month period of time immediately preceding the filing of the petition, the court may postpone the hearing, for a period of up to six months, to allow the administrator or executor of the estate adequate time to close the estate.
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.
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City: winder
State: GA
Zip Code: 30680
County: USA
Foreclosure help in Georgia
WE HAD TO FILE CHAPT.13 BANKRUPCY IN 2004. AMERICAS SERVICING GOT A RELIEF OF STAY TO FORCLOSE. WE TRIED TO WORK SOMETHING OUT WITH THEM. THEY JUST GIVE US THE RUN AROUND. WE WANT TO KEEP OUR HOME. WE WILL ONLY OWE 6800.00 ON THE BANKRUPCY. WE ONLY HAVE HOUSE AND HOUSEHOLD FINANCES. OUR MORTGAGE IS WITH AMERICA\'S SERVICING COMPANY. WE HAVE NO FINANCES OTHER THAN HOUSE AND HOUSEHOLD FINANCES. NO CAR PAYMENTS. |