The Georgia House of Representative Passes House Bill 88

House Bill 88 closes a supposed loop-hole that Vesta Holdings used in the past year to by-pass last year's legislation banning the sale of tax liens to private investors.  It still has to be passed by the State Senate and signed into law by the Governor.

HB 89 is a related bill that is still pending.  It deals with reducing the percentage mark up that may be charged to property owners who wish to redeem their tax liens.

For additional information, please see the text of the legislation below.

---

03 LC 18 2620S

House Bill 88 (COMMITTEE SUBSTITUTE)
By: Representative Dean of the 49th

A BILL TO BE ENTITLED AN ACT

To amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, is amended by striking Code Section 9_13_36, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, in its entirety and inserting in its place the following:
"9_13_36.

(a) Except as otherwise provided in subsection (b) of this Code section, Whenever any person other than the person against whom the same has issued pays any execution, issued without the judgment of a court, under any current or future law, the officer whose duty it is to enforce the execution, upon the request of the party paying the same, shall transfer the execution to the party. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, provided that the transferee shall have the execution entered on the general execution docket of the superior court of the county in which the same was issued and, if the person against whom the same was issued resides in a different county, also in the county of such person´s residence within 30 days from the transfer; in default thereof the execution shall lose its lien upon any property which has been transferred bona fide and for a valuable consideration before the recordation and without notice of the existence of the execution.

(b) Subsection (a) of this Code section shall not apply with respect to any execution issued for state, county, or municipal taxes or any execution issued by any tax commissioner, tax receiver, or tax collector."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

---

Additional information on the legislation can be found at [ http://www.legis.state.ga.us/legis/2003_04/sum/hb88.htm ].