Short answer
If you cannot afford to redeem your Georgia property after a tax sale, you may still have options: your right to redeem can be sold to someone else before it expires. This right is valuable and can be conveyed by deed, but it is time-limited and subject to strict rules.
Why it matters
Losing property at a tax sale is stressful, but the right of redemption gives you a final opportunity to recover value. Understanding this right can help you:
- Avoid losing all equity in your property.
- Make informed decisions about selling or redeeming before deadlines.
- Prevent costly mistakes that could end your rights or leave money on the table.
For example, if you do nothing, the tax deed purchaser may foreclose the right to redeem and take full ownership. But if you act, you may recover some value or even regain the property.
Steps
If you cannot afford to redeem your property after a Georgia tax sale, here’s what you can do:
Understand your right of redemption After a tax sale, the county sells the property for unpaid property taxes. The buyer receives a tax deed, but you (the former owner) keep the statutory right to redeem the property. This right means you, or anyone with an interest in the property, can pay the redemption price and reclaim the property.
Know who can redeem and who can buy your right The right to redeem belongs to the former owner and anyone with any right, title, interest, or lien on the property. You can sell your right to redeem to another person or investor by quitclaim deed. The buyer may then redeem the property in their own name.
Check your deadlines You may redeem at any time within 12 months of the tax sale. After 12 months, the tax deed purchaser can serve a notice of foreclosure of the right to redeem (also called a barment notice) through the sheriff. The notice must be given to the sheriff at least 45 days before the deadline stated in the notice. Once the right to redeem is foreclosed, the purchaser’s title becomes absolute.
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 total 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 The full amount must be paid in certified funds to the purchaser. Partial payments are not accepted.
Consider selling your right to redeem If you cannot afford to redeem, you may sell your right to redeem by quitclaim deed. The value depends on: The equity above the redemption price Any liens that survive redemption (such as a mortgage) The property’s condition How much time is left before the right expires A buyer may be an investor who redeems and takes the property, or the tax deed purchaser who wants to end the waiting period.
Work with a real estate attorney An attorney can: Read the tax deed and any notice to confirm your deadlines and redemption price Document the sale of your right to redeem so you are paid before the deadline Handle the redemption process if you or your buyer decide to redeem
Understand what happens after redemption If the property is redeemed, the purchaser must sign a quitclaim deed back to you (or your buyer). Title returns to you, subject to every lien that existed at the time of the tax sale. For example, if there was a mortgage, it comes back with the property.
Other notes 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 recording. Some counties use a judicial in rem tax foreclosure. There, the right of redemption lasts 60 days from the sale and is exercised by paying the minimum bid into the superior court. The paperwork from the sale will state which process applies. Excess funds (the amount bid above taxes and costs) are a separate claim with the official who held the sale, not part of the right to redeem.
Example
Suppose your Georgia property was sold at a tax sale for $50,000. The purchaser paid $2,000 in taxes after the sale. You cannot afford to pay the redemption price, which is:
- $50,000 (sale price)
-
- $2,000 (taxes paid after sale)
-
- $10,400 (20 percent premium on $52,000 for the first year)
- = $62,400 total redemption price
You have 12 months from the sale date to redeem. If you cannot pay $62,400, you may sell your right to redeem to an investor. The investor pays you an agreed amount, takes a quitclaim deed to your right, and redeems the property. If there was a mortgage at the time of the tax sale, it comes back with the property after redemption.
Example timeline:
- Tax sale date: January 1
- Redemption period: Until January 1 next year (12 months)
- After 12 months: Purchaser may serve notice of foreclosure of the right to redeem (barment notice)
- If you sell your right to redeem before the deadline, you may recover some value.
Common pitfalls
- Missing the deadline: Waiting too long can mean losing your right to redeem entirely, especially after a notice of foreclosure of the right to redeem is served.
- Not understanding the redemption price: Underestimating the premium or missing added costs can lead to shortfalls and failed redemptions.
- Assuming the right to redeem is worthless: Even if you cannot pay the redemption price, your right may have value to an investor or the tax deed purchaser.
- Confusing tax sale with mortgage foreclosure: The rules and timelines are different. This page is about tax sales only.
- Forgetting about liens: Liens that existed at the time of the tax sale (like mortgages) survive redemption and return with the property.
- Not documenting the sale properly: Selling your right to redeem requires a deed (usually a quitclaim deed) and proper payment before the deadline.
Summary
- After a Georgia tax sale, the former owner keeps a right to redeem the property by paying the redemption price.
- The right to redeem lasts 12 months and, after that, until it is foreclosed by notice. The purchaser can serve a notice of foreclosure of the right to redeem after 12 months.
- The redemption price includes the sale amount, taxes paid after the sale, special assessments, and a 20 percent premium for the first year (10 percent for each year after).
- If you cannot afford to redeem, you may sell your right to redeem to another party by quitclaim deed before the deadline.
- Liens that existed at the time of the tax sale survive redemption. Next steps:
- Gather your tax sale paperwork and any notices you have received.
- Consult a real estate attorney to review your deadlines, redemption price, and options for selling your right to redeem.
This page provides general information about Georgia tax sale redemption rights 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 the allowed period after a tax sale.
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, and after that until the right to redeem is foreclosed by notice. After 12 months, the purchaser can serve a notice of foreclosure of the right to redeem through the sheriff.
Can I sell my right to redeem if I cannot afford to redeem myself?
Yes, you can sell your right to redeem to another person or investor by quitclaim deed before the right expires.
What happens to liens on my property if I redeem after a tax sale?
Liens that existed at the time of the tax sale, such as mortgages, survive redemption and return with the property.
What is the redemption price after a Georgia tax sale?
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 20 percent premium for the first year or fraction of a year, and 10 percent for each year or fraction of a year after that.
