General Thoughts.
Owning property comes with a responsibility to keep the property safe, to maintain it, and to pay taxes. If taxes are not paid, schools and public safety are not properly funded, and counties are forced to raise taxes on everyone else.
In almost every foreclosure, the property is a blight and neglect issue for the surrounding area before it is ever sold. Living next to one can be a nightmare of abandoned structures, unkempt property, squatters, illegal activity and lower home values. Having an efficient way to return these properties to the tax rolls and saving them from neglect is the fair thing to do for communities and taxpayers.
1. The Davis's.
The three Davis heirs inherited property in 2009. They elected to never pay taxes on it. My client paid two of the three heirs for their ownership and they gladly signed deeds. Those same folks, through their lawyers, agreed that my client should foreclose their uncle out of the property and signed a court order to that effect. Eventually, after not paying taxes for six years, the third Davis heir was finally foreclosed. His lawyer sent me an email stating that he would not oppose the foreclosure. He could have paid off what he owed, but simply elected not to. Had he expressed any desire to remain in the property, my client would have worked with him to keep him there.
2. Keith Alexander.
Mr. Alexander’s is a perfect example of folks who buy tax deeds showing a willingness to help people who find themselves in need of assistance. Here, the redemption lienholder had every right to foreclose on this house, but instead voluntarily and without being asked to do so, convinced the tax commissioner to reverse the entire sale within twenty-four hours of being alerted to the issue.
I will simply quote Mr. Alexander’s attorney in his email to WSB, “the real story is… how understanding Juno was once the circumstances had been explained, to the point that they waived their statutory fee of almost $38,000.00.” The perception that folks who buy properties at tax foreclosures are bad people is entirely wrong.
3. Representative Turner's Bill.
This bill actually provides less protection for folks who decide not to pay their taxes. Currently, the delinquent tax payer receives due process, a case must be proved to a Judge, and attorneys for all sides are involved at every step. The delinquent tax payer must try very hard to not pay his taxes throughout the court process before there is ever a foreclosure.
HB 81 will have the unintended consequence of making it harder for folks to keep their properties while extending the time period that the delinquent properties remain a blight on the surrounding neighborhood and shift their tax burden to neighbors. Other proposed legislation more appropriately addresses issues in the current system that should be changed.
4. Views on Redemption Liens.
All lien holders, from mortgages to homeowners associations have a right to foreclose the property under Georgia law. Super Liens are no different. Virtually all property that is sufficiently tax delinquent to trigger a tax sale has an extended history of not paying. These properties are typically abandoned, and riddled with housing code violations, while attracting vagrants and criminals. They are very much a blight on the surrounding properties. Super Lien foreclosures quickly return these properties to the tax rolls, while folks who buy them fix them up which only benefits the community. Any time a delinquent taxpayer truly needs help in keeping their property, my folks do everything they can to help – from reducing what is owed, to extending time, to canceling the entire lien. It is virtually unheard of for someone who actually wants to keep their property, and is willing to pay what they owe, to lose their property to a super lien foreclosure. I have never heard of it.
(CHANNEL 2 DID NOT INCLUDE MR. KEITH ALEXANDER’S SUPER LIEN SITUATION IN THEIR REPORT)