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HB769.html
03 LC 14 8388
House Bill 769 By: Representative
Dean of the 49th
A BILL TO BE
ENTITLED AN ACT
To amend Article 3 of Chapter 4 of Title 48 of the Official
Code of Georgia Annotated, relating to redemption of property sold for taxes, so
as to change the procedures for giving notice of foreclosure of the right of
redemption; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 48 of the Official Code of
Georgia Annotated, relating to redemption of property sold for taxes, is amended
by striking Code Sections 48_4_45 and 48_4_46, relating to notice of foreclosure
of the right of redemption, and inserting in their place new Code sections to
read as
follows: "48_4_45. (a)
After 12 months from the date of a tax sale, the purchaser at the sale or his
heirs, successors, or assigns or her successor in
interest may terminate, foreclose, divest, and forever bar the right to
redeem the property from the sale by complying with this Code section and
causing a notice or notices of the foreclosure, as provided for in this
article: to be given as provided in this Code section and Code
Section 48_4_46. The purchaser or his or her successor in interest shall
conduct a 40 year title search on the subject property to determine the identity
of persons entitled to notice. The purchaser or his or her successor in interest
shall then cause a notice or notices of the
foreclosure: (1) To be served upon all of the
following persons who reside in the county in which the property is
located: (A) The defendant in the execution under or
by virtue of which the sale was held; (B) The
occupant, if any, of the property; and (C) All persons
having of record in the county in which the land is located any right, title, or
interest in, or lien upon the property; (2) To be sent
twice in two different weeks by registered or certified mail or statutory
overnight delivery and regular mail to each of the persons specified in
subparagraphs (A), (B), and (C) of paragraph (1) of this subsection who resides
outside the county in which the property is located, if the address of
that person is reasonably ascertainable;
and (3) To be published, if that tax sale occurs on or
after July 1, 1989, in the newspaper in which the sheriff´s advertisements
for the county are published in each county in which that property is located,
which publication shall occur once a week for four consecutive weeks in the
six_month period immediately prior to the week of the redemption deadline date
specified in the notice. (b) Nothing contained in this
Code section shall be construed to require that any notice be sent to or served
upon any person whose right, title, interest in, or lien upon the property does
not appear of record in the county in which the land is
located. (c) The heirs of any deceased owner of any
land entitled to notice pursuant to this Code section shall be served by the
sheriff or notified as provided in this article. (d)
In the event the sheriff is unable to perfect service on any person or the
notice provided by mail or statutory overnight delivery to any person is
returned unclaimed or otherwise reported to be undeliverable, the purchaser or
his or her successor in interest shall conduct a search for such person, which
search must at a minimum include the following
steps: (1) An examination of the addresses
given on the face of the instrument vesting such person with an interest in the
property and any addresses reported on any transfer tax declaration
form; (2) A search of the current telephone
directory for the county where the subject property is
located; (3) A certified letter of inquiry to
the person from whom such person acquired his or her interest in the
property; (4) A certified letter of inquiry to
the attorney or attorneys who handled the closing at which such person acquired
his or her interest in the property, if such attorney´s identity can be
ascertained from the real estate records;
and (5) The posting on the subject property of
a sign at least four feet by six feet in size for a period of at least 60 days,
which sign shall read substantially as
follows: 'THIS PROPERTY IS BEING FORECLOSED FOR
UNPAID PROPERTY TAXES FOR YEAR(S) . PERSONS WITH INFORMATION
REGARDING THE OWNER OF THE PROPERTY ARE REQUESTED TO CALL
OR FAX INQUIRIES TO . THE OWNER MUST CONTACT US ON OR
BEFORE TO AVOID LOSING ALL RIGHTS TO THIS
PROPERTY.' (e) If the purchaser or his or her
successor in interest has complied with subsection (d) of this Code section and
has been unable to locate the person sought to be served or has located one or
more additional addresses for such person and again attempted service at such
address or addresses as provided in subsection (a) of this Code section, the
purchaser or his or her successor in interest shall make an affidavit
summarizing such compliance and such affidavit may be filed and recorded on the
deed records in the office of the clerk of the superior court of the county in
which the land is located.
48_4_46. (a) The notice
provided for in Code Section 48_4_45 shall be written or printed, or written in
part and printed in part, and shall be in substantially the following form:
Take notice that: The right
to redeem the following described property, to wit: ______ will expire and be
forever foreclosed and barred on and after the ______ day of ______________,
____. The tax deed to which this notice relates is
dated the ______ day of ______________, ____, and is recorded in the office of
the Clerk of the Superior Court of __________ County, Georgia, in Deed Book ____
at page ____. The property may be redeemed at any time
before the ______ day of ______________, ____, by payment of the redemption
price as fixed and provided by law to the undersigned at the following
address: _____________________________________________________________________. Please
be governed
accordingly. _______________________ (b)
The purchaser at the tax sale or his heirs, successors, or assigns, as
the case may be, or her successor in interest shall make out an
original notice in substantially the form prescribed in subsection (a) of this
Code section and one copy of the notice for each person to be served with the
notice. The purchaser shall deliver the notice and the copies together with a
list of the persons to be served to the sheriff of the county in which the land
is located not less than 45 days before the date set in each notice for the
expiration of the right to redeem. Within 15 days after delivery to him or
her, the sheriff shall serve a copy of the notice personally or by deputy
upon each of the persons included on the list furnished him or her who
reside in the county. The sheriff shall make an entry of the service on the
original copy of the notice. Leaving a copy of the notice at the residence of
any person required to be served with the notice shall be a sufficient service
of the notice.
(c) If the sheriff personally
or by deputy makes an entry that he is unable for any reason to effect service
upon any person required to be served, the person who requested that the service
be made shall forthwith cause a copy of the notice to be published once a week
for two consecutive weeks in the newspaper in which the sheriff´s
advertisements for the county are published, unless that notice is being
published as provided in paragraph (3) of subsection (a) of Code Section
48_4_45. Either publication shall operate as and for all purposes shall be
treated as service upon all persons as to whom the sheriff has made an entry
that he has been unable to effect
service.
(d)(c) Each
original notice together with the entry of the sheriff on the notice shall be
returned to the person by whom the service was requested upon the payment of the
sheriff´s costs as provided by law. Any original notice together with the
entries on the notice may be filed and recorded on the deed records in the
office of the clerk of the superior court of the county in which the land is
located.
(e)(d) Service of
notices as provided in this Code section may be waived in writing by any person
required or entitled to be served with the
notice."
SECTION 2.
This Act shall become effective on July 1, 2003, and shall
apply with respect to notices given on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.
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