Short answer
If your Georgia property was sold at a tax sale for unpaid property taxes, you still hold a statutory right of redemption. This means you, or anyone with an interest in the property, can reclaim it by paying the required amount within 12 months of the sale—and sometimes longer, until the right is foreclosed by notice. The right of redemption can also be sold to someone else before it expires.
Why it matters
Losing property at a tax sale is stressful, but the right of redemption gives the former owner a second chance. This right can be valuable:
- You may be able to reclaim your property by paying the redemption price.
- You can sell your right of redemption to an investor or even the tax deed purchaser, depending on the equity and other factors.
- If you do nothing, you risk losing all rights to the property once the right of redemption is foreclosed.
For high-value or encumbered properties, understanding and using this right can mean recovering significant value or avoiding further loss. The process is time-sensitive and involves strict rules, so clarity is essential.
Steps
To make the most of your right of redemption after a Georgia tax sale, follow these steps:
Confirm the type of sale Check your paperwork to see if the sale was a standard tax sale or a judicial in rem tax foreclosure. Most are standard, but some counties use the judicial process.
Understand who may redeem The former owner, or anyone with any right, title, interest, or lien on the property, may redeem. This right can be sold by quitclaim deed to a buyer, who may then redeem.
Check the timeline For a standard tax sale, you may redeem at any time within 12 months of the sale, and after that until the right is foreclosed by notice (a notice of foreclosure of the right to redeem, also called a barment notice). The purchaser must give at least 45 days’ notice through the sheriff before the right ends. For a judicial in rem tax foreclosure, the right of redemption lasts 60 days from the sale and is exercised by paying the minimum bid into the superior court.
Calculate the redemption price The redemption price is: The amount paid at the tax sale Plus any taxes and special assessments paid by the purchaser after the sale Plus a premium of 20 percent of that amount for the first year or fraction of a year after the sale Plus 10 percent for each year or fraction 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 Payment must be made in full, in certified funds, to the purchaser. Partial payments are not accepted.
Decide whether to redeem or sell your right You can redeem the property yourself, or you can sell your right of redemption by quitclaim deed to a buyer. What a buyer will pay depends on the equity above the redemption price, any liens that survive redemption, the property’s condition, and how much time is left.
Complete the process If you redeem, the purchaser must sign a quitclaim deed returning title to you. Any liens that existed at the time of the tax sale (such as a mortgage) come back with the property. If you sell your right, the firm can document the sale to ensure you are paid before the deadline and the deed conveys the right to redeem.
Understand the consequences of inaction If no one redeems and the right is foreclosed, the purchaser’s title becomes absolute. A recorded tax deed also ripens by prescription four years after it is recorded.
Example
Suppose your property was sold at a Georgia tax sale for $50,000. The purchaser later paid $2,000 in property taxes. You want to redeem the property 10 months after the sale.
- Redemption price:
- $50,000 (tax sale price)
-
- $2,000 (taxes paid after sale)
- = $52,000
-
- 20 percent premium ($10,400)
- = $62,400 total redemption price
If you redeem, you pay $62,400 in certified funds to the purchaser. The purchaser signs a quitclaim deed returning the property to you, and any mortgage or lien that existed at the time of the tax sale is still attached to the property.
If you cannot redeem, you may sell your right of redemption to an investor. What you receive depends on the property’s value, liens, and time left before the right expires.
Key point: The right of redemption can be valuable. If you are unsure about your options or the deadline, consult a real estate attorney to review your tax deed and notice.
Common pitfalls
- Missing the 12-month window or the foreclosure notice: After 12 months, the purchaser can foreclose the right to redeem with a 45-day notice. If you miss this, you lose all rights.
- Confusing tax sale with mortgage foreclosure: The rules and timelines are different. This page is about tax sales only.
- Not including all amounts in the redemption price: Failing to account for the premium, taxes, or sheriff’s costs can result in an incomplete payment, which does not count as redemption.
- Assuming liens are wiped out: Liens that existed at the time of the tax sale survive redemption and return with the property.
- Partial payments: Only full payment in certified funds counts. Partial payments are not accepted.
- Not reading the sale paperwork: Some counties use judicial in rem tax foreclosure, which has a different redemption period (60 days). Always check your documents.
Summary
- After a Georgia tax sale, the former owner keeps a right of redemption for at least 12 months, and sometimes longer until the right is foreclosed by notice.
- Anyone with an interest in the property may redeem, and the right can be sold by quitclaim deed.
- The redemption price includes the tax sale price, later taxes, a 20 percent premium for the first year, and 10 percent for each year after, plus certain costs.
- Redeeming restores the property to you, but all liens from the time of sale come back with it.
- If you do not redeem or sell your right before the deadline, you lose all rights to the property. Next steps:
- Review your tax sale paperwork and any notices you have received.
- Consult a real estate attorney to calculate your redemption price, confirm your deadline, and discuss your options to redeem or sell your right. This page provides general information 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 the right of redemption after a Georgia tax sale?
The right of redemption allows the former owner or anyone with an interest in the property to reclaim it by paying the redemption price within 12 months of the tax sale, or until the right is foreclosed by notice.
How long do I have to redeem my property after a Georgia tax sale?
You have 12 months from the date of the tax sale to redeem, and sometimes longer until the right is foreclosed by a 45-day notice served by the purchaser through the sheriff.
Can I sell my right of redemption?
Yes, the former owner can sell the right of redemption by quitclaim deed to a buyer, who may then redeem the property.
What is included in the redemption price?
The redemption price includes the tax sale price, any taxes and special assessments paid by the purchaser after the sale, a 20 percent premium for the first year, 10 percent for each year after, and certain costs if redemption is after a foreclosure notice.
What happens to liens if I redeem my property?
Any liens that existed at the time of the tax sale, such as mortgages, survive redemption and return with the property.
