O.C.G.A.

O.C.G.A. § 48-4-77 (2019)

Definitions

✓ 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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As used in this article, the term: (1) “Interested party” means: (A) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (B) Those parties having filed a notice in accordance with Code Section 48-3-9; and (C) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. “Interested party” shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected. (2) “Redemption amount” means the full amount of the delinquent ad valorem taxes, accrued interest at the rate specified in Code Section 48-2-40, penalties determined in accordance with Code Section 48-2-44, and costs incurred by the governmental entity in collecting such taxes including without limitation the cost of title examination and publication of notices.

History

Code 1981, § 48-4-77, enacted by Ga. L. 1995, p. 272, § 1; Ga. L. 1999, p. 81, § 48.

Annotations

JUDICIAL DECISIONS “Interested party.” - Party whose interest in property derived from an unrecorded deed received from a party who was the holder of a deed to secure debt from the record owner of the property was not an “interested party” under

paragraph (1) and the party had no right under O.C.G.A. § 9-11-24(a) to intervene in an in rem judicial tax foreclosure proceeding. Burruss v. Ferdinand, 245 Ga. App. 203, 536 S.E.2d 555, 2000 Ga. App. LEXIS 814 (2000).

Definition of “interested party” in O.C.G.A. § 48-4-77(1)(A) for purposes of a tax foreclosure has no application to an action to redeem property after a tax sale; however, even if the definition was applicable, it was unlikely that the bank that held a security deed on real property would constitute an interested party as

one having an interest in the property whose identity and address were reasonably ascertainable from the records maintained in the county courthouse or by the clerk of court. Cmty. Renewal & Redemption v. Nix, 288 Ga. 439, 704 S.E.2d 759, 2011 Ga. LEXIS 3 (2011).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2000–2025 · leading case: Burruss v. Ferdinand, 536 S.E.2d 555 (Ga. Ct. App. 2000).

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Burruss v. Ferdinand, 536 S.E.2d 555 (Ga. Ct. App. 2000). · cites it 6× “And Burruss does not fit within the definition of “interested party” under OCGA § 48-4-77 (1), the ad valorem tax foreclosure statute.”

Cmty. Renewal & Redemption v. Nix, 704 S.E.2d 759 (Ga. 2011). · cites it 4× “3 Contrary to CRR’s argument, OCGA § 48-4-77 (1) (A)’s definition of an “interested party” for purposes of a tax foreclosure has no application to an action to redeem property after a tax sale.”

Clarence L. Martin, P.C. v. Wallace, 546 S.E.2d 55 (Ga. Ct. App. 2001). · cites it 2× “” OCGA § 48-4-77 (1) (A). Thus, the tax commissioner had a legal duty to determine the true owner by searching the appropriate real property records.”

Roswell Props. LLC Ltd v. First Am. Servs. LLC (Ga. Ct. App. 2025). · cites it 2× “See OCGA § 48-4-77 (1) (A)-(C). 13 also stated that “[e]ven if Cadle was an interested party, Roswell Properties has not shown any assignment of such a lien from Cadle to itself.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.