In re Wood (21-50276)

ETC was the successful bidder at an ad valorem tax sale on Debtor’s residence.  ETC then held title to the property as a defeasible fee interest, subject to Debtor’s right of redemption.  After Debtor failed to redeem the property within one year of the tax sale (O.C.G.A. § 48-4-40(1)), Debtor was personally served with a barment notice to foreclose her redemption rights.  Debtor again failed to redeem and filed Chapter 13 bankruptcy offering to pay the redemption price through her plan.  The Court held that Debtor’s rights in the property had expired and that there was no “claim” to modify under § 1322(b)(2).  The Court also held that service of the barment notice upon Debtor, although not perfect, met due process requirements.  The Court denied confirmation of Debtor’s Chapter 13 plan.

Tuesday, July 13, 2021