Anyone who deals with unpaid taxes in Georgia knows that Investa and/or entities affiliated with Investa play a significant role. A class action was filed against, among others, Investa. In this lawsuit, Investa et al. was accused of improperly levying on tax executions for delinquent property taxes based on initial tax assessments later reduced via a property tax appeal.
The trial court dismissed the lawsuit and an appeal was filed. See B.C. Grand, LLC v. Investa Services of GA, LLC, A19A1297 (GA Ct of App, October 29, 2019). On appeal, the court ruled in favor of Investa et al., finding that B.C. Grand “failed to allege that the [Tax] Commissioner cancelled the tax executions or that they are void as a matter of law based on the post-issuance reduction in the tax assessment.” Because B.C. Grand failed to pay the taxes at issue while pursuing its appeal of the assessment and instead waited to receive a refund (which it did receive), the full amounts owed remained valid. And because B.C. Grand failed to plead the executions were void as a matter of law or were cancelled, Investa et al. were authorized to levy the executions at the full purchase price amount. Chalk one up for Investa.