| GA foreclosure laws below
provided by Georgia State General Assembly GA Foreclosure
Laws: 48-4-79.
(a) The petitioner shall request
that a judicial hearing on the petition occur not
earlier than 30 days following the filing of the
petition. At such hearing any interested party shall
have the right to be heard and to contest the
delinquency of the taxes or the adequacy of the
proceedings. If the superior court determines that
the information set forth in the petition is
accurate, the court shall render its judgment and
order that:
(1) The taxes are delinquent;
(2) Proper notice has been given
to all interested parties;
(3) The property as described in
the petition be sold in accordance with the
provisions of this article; and
(4) The sale shall become final
and binding 60 days after the date of the sale in
accordance with Code Section 48-4-81.
(b) The order of the superior
court shall provide that the property be sold free
and clear of all liens, claims, and encumbrances
other than:
(1) Rights of redemption provided
under federal law;
(2) Tax liens held by Georgia
governmental entities other than the petitioner
which are superior to the taxes identified in the
petition by virtue of the provisions of subsection
(b) of Code Section 48-2-56;
(3) Easements and rights of way of
holders who are not interested parties under
subparagraph (C) of paragraph (1) of Code Section
48-4-77; and
(4) Benefits or burdens of any
real covenants filed of record as of the date of
filing of the petition.
(c) If, upon production of
evidence to the court by any party, it is determined
by the court that any interested party died within
the six-month period of time immediately preceding
the filing of the petition, the court may postpone
the hearing, for a period of up to six months, to
allow the administrator or executor of the estate
adequate time to close the estate.
GA Foreclosure Laws: 48-4-81.
(a) Following the hearing and order of the superior
court in accordance with (GA Foreclosure
Laws:) Code Section 48-4-79, a
sale of the property shall be advertised and
conducted on the date, time, place, and manner which
are required by law of sheriffs´ sales. Such sale
shall not occur earlier than 45 days following the
date of issuance of such order of the superior
court.
(b) Except as otherwise authorized by law, the
minimum bid price for the sale of the property shall
be the redemption amount. In the absence of any
higher bid, the petitioner may, but shall not be
obligated to, tender its own bid in an amount equal
to the minimum bid price and thereby become the
purchaser at the sale.
(c) From and after the moment of the sale, the sale
shall be final and binding, subject only to the
right of the owner of the property to redeem the
property from the sale upon payment into the
superior court of the full amount of the minimum bid
price of the sale. Such right of redemption of the
owner shall exist for a period of 60 days from and
after the date of the sale and shall be in
accordance with the following provisions:
(1) Redemption by an owner in accordance with this
subsection shall result in a dismissal of the
proceedings. Immediately following such redemption
by an owner, if the property was sold to a third
party at the sale, the petitioner shall refund to
such purchaser the full amount paid by such
purchaser at the sale;
(2) For purposes of redemption under this
subsection, 'owner' shall mean the owner of record
of fee simple interest in the property as of the
date of filing of the petition, together with such
owner´s successors-in-interest by death or operation
of law. This right of redemption shall not otherwise
be transferable; and
(3) This right of redemption shall automatically
terminate and expire upon failure to redeem in
accordance with the provisions of this subsection
within the 60 day period following the date of the
sale.
(d) If the property is not redeemed by the owner in
accordance with subsection (c) of this Code section,
then within 90 days following the date of the sale,
the petitioner shall cause to be executed on behalf
of the petitioner and delivered to the foreclosure
sale purchaser a deed for the property in
substantially the form set forth in subsection (g)
of this Code section, together with such real estate
transfer tax declaration forms as may be required by
law.
(e) Within 90 days following the date of the sale,
the petitioner shall file a report of the sale with
the superior court, which report shall identify
whether a sale took place, the foreclosure sale
price, and the identity of the purchaser.
(f) In the event that the foreclosure sale price
exceeds the minimum bid amount at the foreclosure
sale, the petitioner shall deposit into the registry
of the superior court the amount of such surplus.
Such surplus shall be distributed by the superior
court to the interested parties, including the
owner, as their interests appear and in the order of
priority in which their interests exist.
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