Answer: If your property in Clayton County, Georgia was sold at a tax sale for unpaid property taxes, you may still have the right to redeem it. We help former owners understand, protect, and exercise their statutory right of redemption, including selling that right if they choose.

If you have lost your property in a Clayton County tax sale, you may still hold valuable rights. Georgia law gives former owners and others with an interest in the property a limited time to redeem it by paying the required amount to the tax deed purchaser. Our firm guides former owners through the redemption process, explains your options, and prepares the necessary documents if you decide to sell your right to redeem.

Why choose us

  • We represent former owners of property sold at a Clayton County tax sale.
  • We explain your rights in plain language and help you understand your options.
  • We handle the paperwork, deadlines, and communication with the tax deed purchaser or any buyer of your right to redeem.
  • Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432. Call us at (561) 933-4747 to discuss your situation.

Services offered

  • Review of your tax sale documents and redemption rights.
  • Calculation of the redemption price and deadlines.
  • Preparation of quitclaim deeds and other documents for selling your right to redeem.
  • Handling the redemption process, including tendering payment to the tax deed purchaser.
  • Guidance on the effect of redemption on liens and mortgages.
  • Coordination with the tax commissioner and, if needed, the Superior Court of Clayton County.

Steps

  1. Review your tax sale paperwork.
    We examine the tax deed and any notices you received to confirm your right to redeem and determine the type of sale.

  2. Calculate your redemption deadline and price.
    We determine how long you have to redeem—usually 12 months from the sale, or until the right is foreclosed by notice—and calculate the total amount required, including the 20 percent premium.

  3. Discuss your options.
    We explain whether you can redeem, sell your right to redeem, or take other steps, and what each option means for you.

  4. Prepare and review documents.
    If you choose to sell your right to redeem, we prepare a quitclaim deed and ensure the transaction is documented properly.

  5. Handle the redemption or sale.
    If you redeem, we handle the payment to the tax deed purchaser and ensure you receive a quitclaim deed back. If you sell your right, we coordinate the closing so you are paid before the deadline.

  6. Advise on liens and next steps.
    We explain how redemption affects any mortgages or liens that existed at the time of the tax sale.

Example

Suppose your home in Clayton County was sold at a tax sale for $10,000 because of unpaid property taxes. You, as the former owner, still have the right to redeem the property. To redeem within 12 months, you must pay the purchaser the $10,000 paid at the sale, plus any taxes or special assessments they paid after the sale, plus a 20 percent premium—so at least $12,000 in certified funds. If you sell your right to redeem to someone else, you sign a quitclaim deed transferring that right, and the buyer may then redeem. If you redeem, the purchaser signs a quitclaim deed back to you, and any mortgage or lien that existed before the tax sale comes back with the property.

Common pitfalls

  • Missing the redemption deadline.
    The right to redeem usually lasts 12 months from the tax sale, but after that, the purchaser can foreclose the right by serving a notice through the sheriff. If you miss the deadline, your right ends.

  • Not understanding the redemption price.
    The redemption price includes the sale amount, any taxes or assessments paid by the purchaser, plus a 20 percent premium for the first year and 10 percent for each year after. Costs for serving or publishing the notice may also apply.

  • Confusing redemption with surplus funds.
    The right to redeem is separate from any excess funds from the sale. Excess funds are held by the tax commissioner and are a different claim.

  • Overlooking liens.
    If you redeem, any mortgage or lien that existed at the time of the tax sale comes back with the property.

  • Not checking the type of sale.
    Some sales are judicial in rem tax foreclosures, which have a 60-day redemption period and different procedures. Your paperwork will state which kind of sale it was.

FAQ

What is a tax sale in Clayton County, Georgia? A tax sale is when the county sells property for unpaid property taxes. The buyer receives a tax deed, but the former owner keeps a right to redeem the property. Who can redeem property after a tax sale? The former owner, or anyone with a right, title, interest, or lien on the property, may redeem. The right to redeem can be sold to someone else by quitclaim deed. How long do I have to redeem my property? You may redeem at any time within 12 months of the tax sale. After 12 months, the purchaser can serve a notice of foreclosure of the right to redeem through the sheriff, setting a deadline at least 45 days later. What is the redemption price? The redemption price is the amount paid at the tax sale, plus any taxes or assessments paid by the purchaser, plus a 20 percent premium for the first year or part of a year, and 10 percent for each year or part of a year after that. If redemption is made more than 30 days after the notice, sheriff and publication costs are added. What happens if I redeem my property? The purchaser must sign a quitclaim deed back to you, and you regain title. Any liens or mortgages that existed at the time of the tax sale come back with the property. Can I sell my right to redeem? Yes. You can sell your right to redeem by quitclaim deed to a buyer, who may then redeem the property. What if no one redeems and the right is foreclosed? If the right to redeem is foreclosed by notice, the purchaser’s title becomes absolute. A recorded tax deed also ripens by prescription after four years. Are excess funds part of the redemption process? No. Excess funds from the sale are a separate claim with the tax commissioner and are not part of the right to redeem. Is this the same as mortgage foreclosure? No. Tax sales and mortgage foreclosures are different processes with different rules. Does this page create an attorney-client relationship? No. This page is 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.