Investor Representation | Atlanta, GA

Leon Van Gelderen, PC is the Atlanta, GA, attorney specializing in handling all aspects of tax sales and foreclosures of real estate for investors.
In Georgia, when real estate is sold at a tax sale, the owner or any person having a right, title, interest in, or lien upon the property may buy it at any time within 12 months from the date of sale by paying the redemption price. The property may be redeemed at any time after the initial 12 months until the tax sale buyer forecloses (or terminates) the right to do so by giving proper notice.

To redeem a property following a tax sale, the redeeming party must pay the amount paid for the property at the tax sale, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 20 percent of the amount for the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter.

Leon van Gelderen has represented Real Estate Investors in all legal matters for over 35 years. Call him today for legal advice and representation in and around Atlanta, GA.

After 12 months from the date of the tax sale, the purchaser can forever bar or foreclose the redemption of the property by giving notice to
the delinquent taxpayer, the occupant, if any, and upon all persons having recorded any interest in, or lien on the property in the real estate records where the land is located. The purchaser must serve a legal notice, and deliver this notice, together with a list of persons to be served, to the sheriff of the county in which the real estate is located. In some cases notice may be given by certified mail. A legal notice must be recorded in the real estate records as well.

Should a party served and notified of their right to redeem the property fail to redeem within the initial 12 month period or within the time allowed under the notice of right of foreclosure summarized above, the redeeming party’s interest in the property is forever
cancelled.

There are several options for the tax deed holder at this point which must be discussed with an attorney. To obtain clear title, the holder of the tax deed may occupy vacant property and claim possession , obtain a quit claim from a former owner or file a legal proceeding called a quiet title action.

Leon Van Gelderen has handled dozens of these case which can be complex when there are outstanding liens on the property, or probate issues due to the death of the former owner. Occasionally there are other outstanding tax liens on the property which must be cleared up to get title insurance.

Payment arrangement are a flat $1,200 for barment notices and affidavits for real estate recording plus all related costs which in most cases are less than a hundred dollars unless a search for heirs is necessary.

Quiet tile litigation is in simple cases is another $1500 plus costs including a title search and in more complex cases involving an estate, the matter can be handled on a contingency. Please contact our Atlanta, GA legal team to learn more.

Leon Van Gelderen PC specializes in handling all aspects of tax sales and foreclosures of real estate. Leon Van Gelderen has represented Real Estate Investors in all legal matters for over 35 years. Clients include individual investors, corporations, and a private mortgage company.

All aspects of real investment have been successfully handled including negotiations, contracts, partnership agreements, foreclosures, litigation and tax deed issues.

Many of Leon Van Gelderen P.C.'s clients are sophisticated investors with considerable experience in buying tax deeds, clearing title and selling the property at considerable profit. However there are difficulties and impediments that a trained attorney can help prevent. Some times the sale process is flawed or the property has preexisting title issues, or there are undisclosed liens for outstanding taxes. Other times the owner has died and cannot be located which can make service of notices difficult. We can handle all of these issues.