O.C.G.A.
O.C.G.A.

O.C.G.A. § 48-4-44 (2019)

Quitclaim deed by purchaser

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., which deed shall recite:

(1) The name of the person who has paid the redemption money; and

(2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid.

(b) The recitals required by subsection (a) of this Code section shall be prima-facie evidence of the facts stated.

(c) If the quitclaim deed provided for in subsection (a) of this Code section is presented to the purchaser at the time such person accepts the amount payable for the redemption in the form of cash or a certified check, the purchaser shall, at that time, sign the quitclaim deed if a notary public and an unofficial witness are present to witness such signature.

(d) If no quitclaim deed is presented at the time of the redemption or if sufficient witnesses are not present, it shall be the responsibility of the purchaser to prepare and properly execute such quitclaim deed as is required by law within seven days from the date of the redemption.

(e) It shall be the responsibility of the purchaser once the quitclaim deed is properly executed as required in subsection (d) of this Code section to present such deed for recordation to the clerk of the court within ten days of the redemption. The quitclaim deed shall be presented for recordation in the county where the tax sale originally occurred. The purchaser shall pay all recording costs and return the recorded quitclaim deed to the redeemer.

History

Ga. L. 1898, p. 85, § 5; Civil Code 1910, § 1172; Code 1933, § 92-8304; Code 1933, § 91A-433, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 2006, p. 770, § 6/SB 585.

Annotations

Editor’s notes. Ga. L. 2006, p. 770, § 8/SB 585, not

codified by the General Assembly, provides: “The provisions of this Act shall apply to all executions transferred on or after July 1, 2006. Executions transferred prior to July 1, 2006, shall not be affected by this Act.”

JUDICIAL DECISIONS Section inapplicable to sale for drainage assessments. - When land is sold under execution issued for an assessment to meet interest, principal, or costs of draining the land in a drainage district, the vendee will not be required to execute and deliver a quitclaim deed. Sigmon-Reinhardt Co. v. Atkins Nat’l Bank, 163 Ga. 136, 135 S.E. 720, 1926 Ga. LEXIS 39 (1926). That purchaser does not yet have deed is no defense to demand for deed. - It is no defense to a demand for a deed to answer that the purchaser has not yet had the selling officer make a deed to the purchaser. Elrod v. Owensboro Wagon Co., 128 Ga. 361, 57 S.E. 712, 1907 Ga. LEXIS 103 (1907). No bad faith of tax deed purchaser during redemption period. - Award to tax deed purchaser of fee simple title in

the properties at issue was upheld because the evidence in the record established that the redeemer failed to tender lawful money prior to the end of the redemption period and that, given the circumstances in the case, that failure was not due to any bad faith on the part of the tax deed purchaser. Moxie Capital, LLC v. Delmont 21, LLC, 363 Ga. App. 152, 869 S.E.2d 127, 2022 Ga. App. LEXIS 56 (2022). Failure to exercise right of redemption. - Transferee by tax deeds of tax lien encumbered property, following a tax sale of the property, held fee simple title to the property unencumbered by any competing tax liens after notice and expiration of the redemption period. Nat’l Tax Funding, L.P. v. Harpagon Co., 277 Ga. 41, 586 S.E.2d 235, 2003 Ga. LEXIS 723 (2003).

RESEARCH REFERENCES Am. Jur. 2d. 30 Am. Jur. 2d, Executions, §§ 461, 462. C.J.S. 85 C.J.S., Taxation, § 1468 et seq. ALR. Rights or interests covered by quitclaim deed, 44 A.L.R. 1266; 162 A.L.R. 556.

Statutes providing for refund to purchaser at invalid tax sale as applicable where sale antedated the statute, 157 A.L.R. 399.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1992–2022 · leading case: Nat'l Tax Funding v. Harpagon Co., 586 S.E.2d 235 (Ga. 2003).
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Nat'l Tax Funding v. Harpagon Co., 586 S.E.2d 235 (Ga. 2003). · cites it 2× “8 OCGA § 48-4-44. 9 OCGA § 48-4-43. 10 OCGA § 48-4-45.”
Selph v. Williams, 667 S.E.2d 40 (Ga. 2008). · cites it 4× “85, 86, § V (the predecessor to OCGA § 48-4-44). 7 Given the presumption of regularity and the absence of any evidence in the record to establish that the County chose to act in such an irregular manner, we conclude that the special master erred when it found that the 1937 sale…”
Dlt List, LLC v. M7ven Supportive Hous. & Dev. Grp., 779 S.E.2d 436 (Ga. Ct. App. 2015). · cites it 2× “Based on its ownership of a Fulton County fieri facias as evidence of its status as a lienholder against M7, 2 Design redeemed from DLT List the Carroll County properties for the statutory redemption amounts of $66,000 each on September 22, 2014; DLT List then issued Quit Claims…”
La Chona, LLC v. Aberra, 797 S.E.2d 895 (Ga. 2017). · cites it 2× “shall constitute a first lien on the property and, if the quitclaim deed provided for in Code Section 48-4-44 is recorded as required by law, shall be repaid prior to any other claims upon the property”).”
Moxie Capital, LLC v. Delmont 21, LLC (Ga. Ct. App. 2022). · cites it 34× “According to that statute, [i]f the quitclaim deed provided for in subsection (a) of this Code section is presented to the [tax sale] purchaser at the time such person accepts the amount payable for the redemption in the form of cash or a certified check, the purchaser shall, at…”
Powell v. Bank South, N.A., 415 S.E.2d 543 (Ga. Ct. App. 1992). · cites it 2× “(The property was, however, subsequently quitclaimed to the appellant by the tax sale purchaser pursuant to OCGA § 48-4-44.) However, her only “argument” in support of any of her enumerations of error consists of bare statements of her allegations, along with an admission that…”
Wester v. United Capital Fin. of Atlanta, LLC, 638 S.E.2d 779 (Ga. Ct. App. 2006). · cites it 2× “If the redemption has been made by any creditor of the defendant or by any person having any interest in the property, the amount expended by the creditor or person interested shall constitute a first lien on the property and, if the quitclaim deed provided for in Code Section…”
D D & D Fam. Props., LLC v. R. David Wright (Ga. Ct. App. 2020). · cites it 2× “8 OCGA § 48-4-44 (a) (providing, among other things, that “where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi.”
La Chona, LLC v. Aberra (Ga. 2017). · cites it 2× “shall constitute a first lien on the property and, if the quitclaim deed provided for in Code Section 48-4-44 is recorded as required by law, shall be repaid prior to any other claims upon the property”).”
Dlt List, LLC v. M7ven Supportive Hous. & Dev. Grp. (Ga. Ct. App. 2015). · cites it 2× “2 properties for the statutory redemption amounts of $66,000 each on September 22, 2014; DLT List then issued Quit Claims of Redemption to M7 for both properties as required pursuant to OCGA § 48-4-44. On October 27, 2014, Design filed a declaratory judgment action,3 claiming…”
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