Short answer

A notice of foreclosure of the right to redeem (also called a barment notice) means your ability to reclaim property sold at a Georgia tax sale is about to end. You still have a limited window to redeem the property by paying the required amount, or to sell your right to redeem if you choose. If you do nothing by the deadline, your right to redeem will be lost forever.

Why it matters

If your property was sold at a tax sale for unpaid property taxes in Georgia, you are not left empty-handed. The county sold the property and issued a tax deed to the buyer, but you, as the former owner, kept a statutory right to redeem it. This right is valuable: it allows you to reclaim the property by paying the redemption price, or to sell your right to someone else. However, once you receive a notice of foreclosure of the right to redeem, your time to act is running out.

Key reasons this matters:

  • Financial impact: Redeeming the property can restore your ownership, or selling your right to redeem can provide you with value you might otherwise lose.
  • Finality: If you do not redeem or sell your right before the deadline in the notice, the tax deed purchaser can foreclose the right to redeem, making their ownership absolute.
  • Liens and mortgages: If you redeem, any liens or mortgages that existed at the time of the tax sale (such as a mortgage) come back with the property. This can affect your financial planning.
  • Strict deadlines: The law sets clear time limits. Missing them means losing your right forever.

Steps

If you have received a notice of foreclosure of the right to redeem after a Georgia tax sale, here is what you should do:

Read the notice carefully Confirm it is about a tax sale (not a mortgage foreclosure or other process). Note the deadline: the notice must give you at least 45 days before your right to redeem ends. The right to redeem runs for 12 months from the sale and continues after that until the notice ends it.

Understand who can redeem The former owner (you), or anyone with any right, title, interest, or lien on the property, can redeem. You may also sell your right to redeem to someone else (such as an investor or even the tax deed purchaser) by quitclaim deed before the deadline.

Calculate the redemption price The redemption price is: The amount paid at the tax sale Plus any taxes or special assessments the purchaser paid after the sale Plus a premium of 20 percent of that total for the first year (or part of a year) after the sale, and 10 percent for each year (or part of a year) after that If you redeem more than 30 days after the notice, add the sheriff’s cost of serving and publishing the notice The price must be paid in full, in certified funds, to the purchaser. Partial payments do not count.

Decide your next step Redeem the property: If you want the property back and can pay the redemption price, you may redeem. The purchaser will then sign a quitclaim deed returning title to you, subject to any liens that existed at the time of the tax sale. Sell your right to redeem: If you do not wish to redeem, you may sell your right to redeem by quitclaim deed to a buyer. The buyer may be an investor or the tax deed purchaser. What a buyer will pay depends on the equity above the redemption price, the liens that survive, the property’s condition, and how much time is left. Do nothing: If you take no action by the deadline, your right to redeem will be foreclosed and lost forever. Get legal help An attorney can read the tax deed and notice, compute the exact redemption price and deadline, and, if you decide to sell, document the sale so you are paid before the deadline. If you choose to redeem, the attorney can handle the tender of payment.

Example

Suppose your property in Georgia was sold at a tax sale for $10,000. The purchaser paid $500 in taxes after the sale. You receive a notice of foreclosure of the right to redeem 15 months after the sale, giving you 45 days to act.

  • The redemption price is:
    • $10,000 (tax sale amount)
      • $500 (taxes paid after sale)
    • = $10,500
      • 20 percent premium for the first year ($2,100)
      • 10 percent premium for the second year or part ($1,050)
    • = $13,650
    • If you redeem more than 30 days after the notice, add the sheriff’s costs.

If you redeem, the purchaser signs a quitclaim deed back to you, and any mortgage or lien that existed at the time of the tax sale comes back with the property.

If you sell your right to redeem, you sign a quitclaim deed to the buyer, who may then redeem the property.

Key takeaway: Once you receive a notice of foreclosure of the right to redeem, you have a limited time to act. Review your options, know the redemption price, and decide whether to redeem or sell your right before the deadline.

Common pitfalls

  • Missing the deadline: If you do not redeem or sell your right before the deadline in the notice, your right to redeem is lost forever.
  • Confusing tax sale with mortgage foreclosure: The rules and rights are different. This page is about tax sales only.
  • Not understanding the redemption price: The premium is 20 percent for the first year, 10 percent for each year after, not an interest rate. Sheriff’s costs may apply if redeeming late.
  • Assuming liens are wiped out: Liens that existed at the time of the tax sale survive redemption. If you redeem, old mortgages or liens come back with the property.
  • Partial payments: Only full payment in certified funds counts as redemption. Partial payments do not preserve your right.
  • Not checking the type of sale: Some counties use judicial in rem tax foreclosure, where the right to redeem lasts only 60 days. The paperwork from the sale will say which kind it was.
  • Ignoring excess funds: Any excess funds from the tax sale are a separate claim with the official who held the sale, not part of the redemption process.

Summary

  • A notice of foreclosure of the right to redeem (barment notice) means your right to reclaim property sold at a Georgia tax sale is about to end.
  • You may redeem the property by paying the redemption price, or sell your right to redeem, but only before the deadline in the notice.
  • The redemption price includes the tax sale amount, later taxes, a 20 percent premium for the first year, 10 percent for each year after, and possibly sheriff’s costs.
  • If you redeem, title returns to you, subject to any liens that existed at the time of the tax sale.
  • Missing the deadline means losing your right forever. Next steps:
  • Review your notice and confirm the deadline and redemption price.
  • Consult a real estate attorney to discuss your options and ensure any sale or redemption is handled correctly and on time.

This page provides general information about Georgia tax sale redemption and does not create an attorney-client relationship.

Important information

Attorney advertising. Responsible attorney: Christian Cruz, Esq., Georgia Bar Number 238836. Office: CRUZ LAW FIRM, 160 W Camino Real, 589, Boca Raton, FL, 33432.

This page is general information about Georgia law, not legal advice. Reading it does not create an attorney-client relationship, and no such relationship is formed until we have a signed written agreement.

Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins. We are glad to explain how fees would work in your situation when we speak.

FAQ

What is a notice of foreclosure of the right to redeem in Georgia?

It is a formal notice, often called a barment notice, served after a tax sale, warning the former owner that their right to redeem the property will end on a specific date unless they act.

How long do I have to redeem my property after a Georgia tax sale?

You may redeem at any time within 12 months of the tax sale, and after that until the right to redeem is foreclosed by notice. After 12 months, the purchaser can serve a notice giving at least 45 days before your right ends.

What does it cost to redeem my property after a tax sale in Georgia?

The redemption price is the amount paid at the tax sale, plus any taxes or special assessments paid by the purchaser after the sale, plus a 20 percent premium for the first year (or part), and 10 percent for each year (or part) after that. If you redeem more than 30 days after the notice, sheriff’s costs are added.

Can I sell my right to redeem after a Georgia tax sale?

Yes. The former owner may sell their right to redeem by quitclaim deed to a buyer, who may then redeem the property before the deadline.

What happens if I do nothing after receiving a notice of foreclosure of the right to redeem?

If you do not redeem or sell your right before the deadline, your right to redeem is lost forever and the purchaser’s title becomes absolute.