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

O.C.G.A. § 48-4-46 (2019)

Form of notice of foreclosure of right to redeem; service

✓ 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) The notice provided for in Code Section 48-4-45 shall be written or printed, or written in part and printed in part, and shall be in substantially the following form: Take notice that: The right to redeem the following described property, to wit: after the

will expire and be forever foreclosed and barred on and day of , .

The tax deed to which this notice relates is dated the day of , , and is recorded in the office of the Clerk of the Superior Court of County, Georgia, in Deed Book at page . The property may be redeemed at any time before the day of , , by payment of the redemption price as fixed and provided by law to the undersigned at the following address: . Please be governed accordingly. (b) The purchaser at the tax sale or his heirs, successors, or assigns,

as the case may be, shall make out an original notice in substantially the form prescribed in subsection (a) of this Code section and one copy of the notice for each person to be served with the notice. The purchaser shall deliver the notice and the copies together with a list of the persons to be served to the sheriff of the county in which the land is located not less than 45 days before the date set in each notice for the expiration of the right to redeem. Within 15 days after delivery to him, the sheriff shall serve a copy of the notice personally or by deputy upon each of the persons included on the list furnished him who reside in the county. The sheriff shall make an entry of the service on the original copy of the notice. Leaving a copy of the notice at the residence of any person required to be served with the notice shall be a sufficient service of the notice. (c) If the sheriff personally or by deputy makes an entry that he is unable for any reason to effect service upon any person required to be served, the person who requested that the service be made shall forthwith cause a copy of the notice to be published once a week for two consecutive weeks in the newspaper in which the sheriff’s advertisements for the county are published, unless that notice is being published as provided in paragraph (3) of subsection (a) of Code Section

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1984–2026 · leading case: Hamilton v. Renewed Hope, Inc., 589 S.E.2d 81 (Ga. 2003).
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Hamilton v. Renewed Hope, Inc., 589 S.E.2d 81 (Ga. 2003). · cites it 14× “Pursuant to OCGA § 48-4-46 (b), Appellee caused the sheriff to attempt to serve notice of foreclosure of the right to redeem on Ms.”
Saffo v. Foxworthy, Inc., 687 S.E.2d 463 (Ga. 2009). · cites it 16× “) See OCGA § 48-4-46. Thus, the Saffos argue that the second exception to the payment or tender requirement of OCGA § 48-4-47 applies, because it clearly appears that "[s]ervice or notice [of foreclosure of the right of redemption] was not given as required in this article.”
Washington v. Mckibbon Hotel Grp. Inc, 664 S.E.2d 201 (Ga. 2008). · cites it 16× “” OCGA § 48-4-46 (d). Even assuming that Appellant’s evidence documenting the steps he took in 1992 to foreclose the rights of redemption reflects compliance with OCGA § 48-4-45 as a matter of law, there nevertheless is not any evidence of record that those steps were…”
Funderburke v. Kellet, 364 S.E.2d 845 (Ga. 1988). · cites it 7× “The issues were tried before a special master who concluded that OCGA § 48-4-46, governing the requirements of notice of foreclosure of the right to redeem property sold at a tax sale, does not comport with due process.”
Tdga, LLC. v. Cbira, LLC, 783 S.E.2d 107 (Ga. 2016). · cites it 2× “Afterwards, TDGA followed the non-judicial process of foreclosing any right of redemption to the property in accordance with OCGA § 48-4-45 and OCGA § 48-4-46. TDGA provided notice of the foreclosure of redemption rights to all interested parties in the property, including the…”
Francis v. Scorpion Grp., LLC (In re Francis), 489 B.R. 262 (Bankr. N.D. Ga. 2013). · cites it 2× “The specific form of notice is set out in O.C.G.A. § 48-4-46, and Scorpion used the form in this case.”
Tharp v. Vesta Holdings I, LLC, 625 S.E.2d 46 (Ga. Ct. App. 2005). · cites it 2× “) OCGA § 48-4-46 (b) further requires the purchaser to deliver the notice with a list of the persons to be served to the Sheriff for service.”
Dixon v. Conway, 425 S.E.2d 651 (Ga. 1993). · cites it 4× “The Dixons contend that because Conway failed to follow the notice requirements of OCGA § 48-4-46, Conway’s motion to dismiss should not have been granted.”
In re 431 W. Ponce De Leon, LLC, 515 B.R. 660 (Bankr. N.D. Ga. 2014). · cites it 2× “At the expiration of the 12-month period, the new owner has the ability to terminate and forever bar the right of redemption by setting a bar date and providing notice as required by O.C.G.A. § 48-4-46. Subject to only clear evidence that the taxes were not due or the notice was…”
Greyfield Resources, Inc. v. Drummer (In Re Drummer), 457 B.R. 912 (Bankr. N.D. Ga. 2011). · cites it 2× “Section 48-4-46 of the O.C.G.A., entitled “Form of notice of foreclosure of right to redeem; service; time; return and record; waiver,” provides as follows: (a) The notice provided for in Code Section 48-4-45 shall be written or printed, or written in part and printed in part,…”
Southerland v. Bradshaw, 313 S.E.2d 92 (Ga. 1984). · cites it 2× “OCGA § 48-4-46 (Code Ann. § 91A-435) sets forth the form of the notice to foreclose the right to redeem.”
Robert Tyner v. Ray Edge (Ga. Ct. App. 2020). · cites it 5× “” OCGA § 48-4-46 (b). In an affidavit, he stated that his personal residence was an address different from the subject property and located within the same county, that he had lived there for 24 years, that he had a listed telephone number, and that he never received any notice,…”
Show all 16 citing cases →
— 48-4-46(a) — 3 cases
Saffo v. Foxworthy, Inc., 687 S.E.2d 463 (Ga. 2009). “) See OCGA § 48-4-46. Thus, the Saffos argue that the second exception to the payment or tender requirement of OCGA § 48-4-47 applies, because it clearly appears that "[s]ervice or notice [of foreclosure of the right of redemption] was not given as required in this article.”
Melissa A. Wood (Bankr. M.D. Ga. 2021).
Monarch Holdings Grp., LLC v. Real Dream Investors, LLC (Ga. Ct. App. 2026).
— 48-4-46(b) — 3 cases
Saffo v. Foxworthy, Inc., 687 S.E.2d 463 (Ga. 2009). “) See OCGA § 48-4-46. Thus, the Saffos argue that the second exception to the payment or tender requirement of OCGA § 48-4-47 applies, because it clearly appears that "[s]ervice or notice [of foreclosure of the right of redemption] was not given as required in this article.”
Washington v. Mckibbon Hotel Grp. Inc, 664 S.E.2d 201 (Ga. 2008). “” OCGA § 48-4-46 (d). Even assuming that Appellant’s evidence documenting the steps he took in 1992 to foreclose the rights of redemption reflects compliance with OCGA § 48-4-45 as a matter of law, there nevertheless is not any evidence of record that those steps were…”
Monarch Holdings Grp., LLC v. Real Dream Investors, LLC (Ga. Ct. App. 2026).
— 48-4-46(d) — 1 case
Washington v. Mckibbon Hotel Grp. Inc, 664 S.E.2d 201 (Ga. 2008). “” OCGA § 48-4-46 (d). Even assuming that Appellant’s evidence documenting the steps he took in 1992 to foreclose the rights of redemption reflects compliance with OCGA § 48-4-45 as a matter of law, there nevertheless is not any evidence of record that those steps were…”
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