Question 1

How does Georgia's 20% penalty work?

Accepted Answer

Georgia's 20% penalty is a flat rate applied to your total invested amount — not just the auction price. Total invested includes the amount you paid at auction plus any subsequent taxes you paid on the property during the redemption period. It does not matter whether the owner redeems in month 2 or month 11 — the penalty is the same 20%. After year one, an additional 10% accrues for each additional year the owner delays redemption. The penalty permanently stops accruing once the barment process successfully extinguishes the right of redemption.

Question 2

What is barment in Georgia and when can I start it?

Accepted Answer

Barment is the legal process of permanently extinguishing the former owner's right of redemption in Georgia. You cannot initiate barment until a full 12 months have passed from the date of the tax sale — any earlier action is legally invalid. The barment process requires sending certified mail notice to all parties with a recorded interest (owner, occupants, lienholders, mortgagees) and publishing notice in the county legal organ once a week for four consecutive weeks. You must make a genuine effort to locate all interested parties — per Hamilton v. Renewed Hope, Inc. (277 Ga. 465), publication alone is not sufficient if addresses are reasonably ascertainable.

Question 3

Can I take possession of a Georgia tax deed property right away?

Accepted Answer

You receive the deed at the auction, but you should not attempt to possess, renovate, or evict occupants during the 12-month redemption period. If the owner exercises their right of redemption, you would need to unwind any actions taken on the property, and Georgia law limits improvement reimbursement. Wait until the redemption period has expired and the barment process is complete before treating the property as fully yours.

Question 4

Do all Georgia counties hold in-person auctions?

Accepted Answer

Most Georgia counties, including all five counties LienScout Pro covers, hold auctions in person on the first Tuesday of each month at the county courthouse. Some metro Atlanta counties have experimented with online formats, and the Judicial In Rem process (available in some metro counties under O.C.G.A. §§ 48-4-75 through 48-4-81) may involve different procedures. Always confirm the current auction format and location directly with the county Tax Commissioner's office before attending.

Rule	Detail
Year 1 penalty	20% flat on total invested (O.C.G.A. § 48-4-2)
Year 2+ penalty	Additional 10% per year after year 1
Penalty base	Total invested (auction price + subsequent taxes paid), not just the auction price
Redemption period	12 months from date of sale
Possession during redemption	Investor holds deed but should not possess or evict during redemption period
Barment eligibility	Cannot begin until full 12 months after tax sale date
Barment notice	Certified mail to all parties with recorded interest + 4-week publication in county legal organ
Case law	Hamilton v. Renewed Hope, Inc. (277 Ga. 465) — publication alone insufficient; must make genuine effort to locate all parties
Judicial In Rem alternative	Available in some metro Atlanta counties (§§ 48-4-75 through 48-4-81) — produces cleaner, immediately insurable title
Quiet title	Required in most cases after barment before title insurance will insure the property

Georgia Tax Lien Investing Guide

How Georgia Tax Sales Work

Key Georgia Rules

Georgia Counties We Cover

What Liens Survive a Georgia Tax Sale?

Typically Extinguished

May Survive

Counties We Cover in Georgia