What to do if someone purchased my 2nd lien in a tax sale?

UPDATED: Sep 29, 2013

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What to do if someone purchased my 2nd lien in a tax sale?

I went to court and was evicted. How can the 2nd lienholder evict me? I want to file an appeal.

Asked on September 29, 2013 under Real Estate Law, Georgia


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

The holder of the second lien can foreclose if you are in default, even if the first lienholder does not consent to the foreclosure.  Second lienholders have all the same rights as a first lienholder (except that their claims have lower priority).  By itself, the fact that the second lienholder did this does not mean that the foreclosure was improper. 

You can file an appeal.  You have only a limited amount of time to file, so you should talk to a real estate or tax attorney right away. 


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