05 LC
14 8964
House
Bill 446
By:
Representative Dean of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia
Annotated, relating to redemption of property sold for taxes, so as to provide
that where there are excess proceeds from a tax sale, the time period for
redemption of the property shall not commence to run until the excess proceeds
have been distributed; to provide for related matters; to provide for effective
date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating
to redemption of property sold for taxes, is amended by striking Code Section
48-4-40, relating to the right of redemption, and inserting in its place a new
Code section to read as follows:
"48-4-40.
Whenever
any real property is sold under or by virtue of an execution issued for the
collection of state, county, municipal, or school taxes or for special
assessments, the defendant in fi. fa. or any person having any right, title, or
interest in or lien upon such property may redeem the property from the sale by
the payment of the redemption price or the amount required for redemption, as
fixed and provided in Code Section 48-4-42:
(1)
At any time within 12 months from the date of the
sale;
provided, however, that where there are excess proceeds of the tax sale, the
time for redemption shall not expire until 12 months after the excess proceeds
have been distributed as provided in Code Section
48-4-5; and
(2)
At any time after the sale until the right to redeem is foreclosed by the giving
of the notice provided for in Code Section
48-4-45."
SECTION
2.
Said
article is further amended by striking Code Section 48-4-45, relating to notice
of foreclosure of right to redeem, and inserting in its place a new Code section
to read as follows:
"48-4-45.
(a)
After 12 months from the date
of a tax
sale
specified in
paragraph (1) of Code Section 48-4-40, the
purchaser at the sale or his
or
her heirs, successors, or assigns may
terminate, foreclose, divest, and forever bar the right to redeem the property
from the sale by causing a notice or notices of the foreclosure, as provided for
in this article:
(1)
To be served upon all of the following persons who reside in the county in which
the property is located:
(A)
The defendant in the execution under or by virtue of which the sale was
held;
(B)
The occupant, if any, of the property; and
(C)
All persons having of record in the county in which the land is located any
right, title, or interest in, or lien upon the property;
(2)
To be sent by registered or certified mail or statutory overnight delivery to
each of the persons specified in subparagraphs (A), (B), and (C) of paragraph
(1) of this subsection who resides outside the county in which the property is
located, if the address of that person is reasonably ascertainable;
and
(3)
To be published, if that tax sale occurs on or after July 1, 1989, in the
newspaper in which the
sheriff́s
advertisements for the county are published in each county in which that
property is located, which publication shall occur once a week for four
consecutive weeks in the six-month period immediately prior to the week of the
redemption deadline date specified in the notice.
(b)
Nothing contained in this Code section shall be construed to require that any
notice be sent to or served upon any person whose right, title, interest in, or
lien upon the property does not appear of record in the county in which the land
is located.
(c)
The heirs of any deceased owner of any land entitled to notice pursuant to this
Code section shall be served by the sheriff or notified as provided in this
article."
SECTION
3.
This
Act shall become effective on July 1, 2005, and shall apply with respect to tax
sales conducted on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.