Behind on the house
Selling With Delinquent Property Taxes
Back taxes do not prevent a sale. They are a lien, and liens get paid out of the proceeds at closing. What you need to know is where you sit on the county's timeline, because that clock runs independently of your mortgage.
Two separate clocks
A mortgage foreclosure is run by your lender under the power of sale in the security deed. A tax sale is run by the county tax commissioner to collect unpaid taxes. They are different processes, on different schedules, and being fine on one says nothing about the other. Sellers regularly discover this the expensive way.
If both are running, deal with whichever has the nearer date first. For the mortgage side, see behind on payments.
If the property has already been sold for taxes
A Georgia tax sale does not end your interest immediately. Under O.C.G.A. 48-4-40, the owner, or any person holding a right, title, interest in or lien upon the property, may redeem it by paying the redemption amount at any time within 12 months of the sale, and after that until the purchaser forecloses the right to redeem.
The redemption amount is not just what the buyer paid. It includes a statutory premium of 20% for the first year or fraction of a year, and 10% for the second year or fraction thereafter. That premium is why acting early costs meaningfully less than acting late.
This is general information about Georgia tax sale procedure, not legal advice. If your property has been sold at a tax sale, talk to a Georgia attorney about your specific redemption rights and deadline.
Selling before the county forces the issue
If the taxes are delinquent but no sale has happened, a normal sale resolves it cleanly. The closing attorney pulls the payoff from the county, the taxes are settled from proceeds, and clear title passes. You do not need to find the money in advance.
The arithmetic only breaks if the total of the tax lien, the mortgage payoff and any other liens exceeds what the house is worth. If that is your situation, start at owe more than it is worth. For other liens attached to the property, see tax liens, and if a foreclosure date is already set, stop foreclosure.
For what actually comes out at closing, see Georgia closing costs.
FAQ
Delinquent tax questions
Can I sell a house that has delinquent property taxes?
Yes. Unpaid property taxes are a lien against the property, not a bar to selling it. The past-due amount is paid out of the sale proceeds at closing, the same way a mortgage payoff is. Your closing attorney orders the payoff figure from the county.
How long do I have to redeem property sold at a Georgia tax sale?
Under O.C.G.A. 48-4-40, the owner or any person with a right, title, interest in or lien upon the property may redeem it at any time within 12 months of the sale, and after that until the right to redeem is foreclosed by the purchaser.
What does redemption cost?
The redemption amount includes what the purchaser paid at the tax sale plus a premium: 20% for the first year or fraction of a year, and 10% for the second year or fraction thereafter.
Is a tax sale the same as a mortgage foreclosure?
No. They are separate processes on separate timelines, run by different parties. You can be current on your mortgage and still lose the property to a tax sale, and the redemption rights above apply only to the tax sale.
Tell us what the county says you owe
Send the address and the delinquent amount if you have it. We will tell you whether a sale clears it before you spend anything.
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