§ 48-4-1 — Procedures for sales under tax levies and executions

Georgia § 48-4-1

• Jurisdiction: Georgia
• Title: 48

Text

(a) (1) Except as otherwise provided in this title, when a levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for executions and judicial sales. Except as otherwise provided in this title, the sale of real or personal property under a tax execution shall be made in the same manner as provided for judicial sales; provided, however, that, in addition to such other notice as may be required by law, in any sale under a tax execution made pursuant to this chapter, the defendant shall be given ten days' written notice of such sale by registered or certified mail or statutory overnight delivery, return receipt requested. The notice required by this Code section shall be sent: (A) In cases of executions issued by a county officer for ad valorem taxes, to the defendant's last known address as listed in the records of the tax commissioner of the county that issued the tax execution; (B) In cases of executions issued by a municipal officer for ad valorem taxes, to the defendant's last known address as listed in the records of the municipal officer of the municipality that issued the tax execution; or (C) In cases of executions issued by a state officer, to the defendant's last known address as listed in the records of the department headed by the issuing officer. (2) A copy of the notice provided for in paragraph (1) of this subsection shall also be sent by the same tax officer sending the notice to the defendant to the appropriate tax official of the state, county, or municipality which also has issued an execution with respect to such property. (3) A sale for taxes due may be conducted by the tax commissioner or tax collector or his or her duly authorized officer and may be held in the office of the tax commissioner or tax collector or at such other location as may be identified in the notice required by this Code section. Such notice shall also be posted in a conspicuous location in the appropriate courthouse. (b) If two or more executions have been levied against a defendant, or if two or more in rem executions have been levied against the same unreturned property, such executions may be aggregated and a single sale may be conducted for the total amount due as in the case of a single execution, and the 12 month period of redemption provided by Code Section 48-4-40 shall commence as to all such executions on the date of such sale, provided that at least one of the executions meets the provisions of this Code section. (c) In advertisements for sales under tax executions, the property being sold may alternatively be described by tax parcel identification number and current street address, if any, together with a reference to the recording information for any deed conveying title to such property, without the necessity of using a full and complete description of the property.

Legislative History

Amended by 2024 Ga. Laws 701,§ 5, eff. 7/1/2024. Amended by 2020 Ga. Laws 521,§ 48, eff. 7/29/2020. Amended by 2019 Ga. Laws 58,§ 1, eff. 7/1/2019. Amended by 2006 Ga. Laws 759,§ 4, eff. 7/1/2006. Amended by 2002 Ga. Laws 993, § 2, eff. 5/21/2002.