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    207georgia's Avatar
    207georgia Posts: 6, Reputation: 1
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    #1

    Mar 5, 2007, 12:25 PM
    Corrective or new property deed?
    I am arranging to pay past due taxes on a property to avoid its foreclosure. However,the deed is incorrect (wrong names, possibly misspelled; missing names), which why I had no idea about the overdue taxes until I received the Notice of Judicial In Rem Tax Foreclosure. I did not even know the property had been distributed. I am awaiting advice about obtaining a corrective deed or new deed. Is there a form or procedure necessary to ensure that the holder of the deed (guardian of grandchildren of the deceased) does not sell the property after I pay the taxes and before I get either a corrective or a new deed? The property is in Brooks County,GA and I live in Pennsylvania. The Administrator of the estate now has Alzheimer's Disease. Thus far, the guardian has not paid the taxes or offered to contribute toward doing so. They same is true for the other legal and rightful heirs, and no one has come forward to help pay the past due taxes. Can they sell the property although the deed is in error? And, my original question, can they sell the property while I try to straighten out the mess with the deed? The guardian and other heirs live in Michigan.

    Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 5, 2007, 12:33 PM
    Actually you need the power of attorney or be guardian of the real owner to get the deeds corrected, and the deed upon his death would go into probate and the probate judge would rule on who gets to inherit the property and if it is sold who gets the money.

    But the other heirs could indeed follow up probate with the deed in error.

    And unless the actual owner agrees to pay you're the back taxes, you can well just be out the money you are spending.

    As a hier you have little right to do anything to the deed unless your name is listed on it as current owner ( or part owner)

    You can hire an attorney in GA to ask for a correction of deed to be made, but most likely it will need the OK of the guardian since they control all legal matters.
    207georgia's Avatar
    207georgia Posts: 6, Reputation: 1
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    #3

    Mar 5, 2007, 01:50 PM
    Thank you. I had a similar understanding

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