Answer If your property in Henry County, Georgia was sold at a tax sale for unpaid property taxes, you may still have the right to redeem it. This right allows the former owner—or anyone with an interest in the property—to reclaim ownership by paying the required redemption price within specific time limits. Our firm helps former owners understand, protect, and, if desired, transfer their right to redeem.
When a property in Henry County, GA is sold at a tax sale, the county issues a tax deed to the purchaser, but the former owner keeps a statutory right to redeem the property. This right can be valuable. We assist former owners by reviewing the tax deed and notice, calculating the redemption price and deadline, and handling the paperwork if the owner chooses to redeem or sell their right to redeem. This page explains how the redemption process works, who can use it, and what to expect.
Why choose us
- We represent former owners of property sold at a Henry County, Georgia tax sale.
- Our office is located at 160 W Camino Real, 589, Boca Raton, FL 33432, and we are available by phone at (561) 933-4747.
- We help you understand your rights, deadlines, and options, and handle the legal steps to redeem or transfer your right to redeem.
- We ensure that any sale of your right to redeem is properly documented and that you are paid before the deadline.
Services offered
- Review of Henry County tax sale deeds and notices to determine your right to redeem.
- Calculation of the redemption price, including all required premiums and costs.
- Determination of redemption deadlines and notice requirements.
- Preparation and recording of quitclaim deeds if you choose to sell your right to redeem.
- Handling the redemption process, including tendering payment to the tax deed purchaser.
- Guidance on the effect of redemption, including the return of liens and mortgages.
- Assistance with disputes over redemption and quiet title actions in the Superior Court of Henry County.
Steps
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Review the tax sale documents
We examine the tax deed and any notice of foreclosure of the right to redeem to confirm your rights and deadlines. -
Determine who may redeem
We identify all persons who may redeem: the former owner and anyone with a right, title, interest, or lien on the property. -
Calculate the redemption price
We compute the amount required to redeem: the tax sale price, any taxes or special assessments paid by the purchaser, plus a 20 percent premium for the first year (or part of a year) after the sale, and 10 percent for each year (or part of a year) after that. If a notice of foreclosure of the right to redeem has been served, we add the sheriff’s and publication costs if more than 30 days have passed. -
Decide whether to redeem or sell your right
You may redeem the property yourself or sell your right to redeem by quitclaim deed to a buyer. We prepare the necessary documents and ensure the transfer is valid. -
Complete the redemption or transfer
If redeeming, we handle the payment in certified funds to the purchaser and obtain a quitclaim deed back to you. If selling your right, we ensure you are paid before the deadline and the deed is properly recorded. -
Confirm the effect of redemption
After redemption, title returns to you, subject to any liens or mortgages that existed at the time of the tax sale.
Example
Suppose your property in Henry County, Georgia was sold at a tax sale for $10,000. The purchaser paid $500 in taxes after the sale. Within 12 months, you can redeem the property by paying the purchaser $10,500 plus a 20 percent premium ($2,100), for a total of $12,600, in certified funds. If you sell your right to redeem to an investor, you sign a quitclaim deed transferring your interest. The investor then redeems the property, and the purchaser must sign a quitclaim deed back. Any mortgage or lien that was on the property before the tax sale comes back with the property after redemption.
Common pitfalls
- Missing the 12-month redemption period. After 12 months, the purchaser may serve a notice of foreclosure of the right to redeem (barment notice) through the sheriff, setting a final deadline at least 45 days later.
- Not understanding that the right to redeem can be sold by quitclaim deed, but only before the right is foreclosed.
- Failing to pay the full redemption price, including the required 20 percent or 10 percent premium and any added costs after notice.
- Overlooking that liens and mortgages existing at the time of the tax sale survive redemption and return with the property.
- Confusing tax sale redemption with mortgage foreclosure or with claims for excess funds. These are separate processes with different rules.
- Not checking if the sale was a judicial in rem tax foreclosure, which carries a 60-day right of redemption, exercised by paying the minimum bid into the Superior Court of Henry County.
FAQ
What is a tax sale in Henry County, GA? A tax sale is when Henry 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 the property after a tax sale? The former owner and anyone with a right, title, interest, or lien on the property may redeem. This right can also 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 may serve a notice of foreclosure of the right to redeem, setting a final 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 special assessments paid by the purchaser, plus a 20 percent premium for the first year (or part of a year) after the sale, and 10 percent for each year (or part of a year) after that. Additional costs may apply after notice. What happens if I redeem? The purchaser must sign a quitclaim deed back to you, and title returns to you subject to any liens or mortgages that existed at the time of the tax sale. Can I sell my right to redeem? Yes. You may sell your right to redeem by quitclaim deed to a buyer before the right is foreclosed. What if the sale was a judicial in rem tax foreclosure? A judicial in rem sale in Henry County carries a 60-day right of redemption, exercised by paying the minimum bid into the Superior Court of Henry County. The paperwork from the sale will state which kind of sale it was. What about excess funds from the tax sale? Excess funds are a separate claim with the official who conducted the sale, usually the county tax commissioner. What if no one redeems? If no one redeems and the right to redeem is foreclosed, the purchaser’s title becomes absolute. A recorded tax deed also ripens by prescription four years after it is recorded. Is this legal advice? 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.
