Anyone who deals with excess tax sale funds or tax deeds in Georgia knows that Investa and/or affiliated entities play a significant role with regard to tax sales. Plaintiffs filed a class action against, among others, Investa. In this lawsuit, Investa was accused of improperly levying on tax executions for delinquent property taxes. The initial tax assessments were later reduced via a property tax appeal.
The trial court dismissed the lawsuit and Investa appealed. 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. Instead, it waited to receive a refund (which it did receive), the full amounts owed remained valid. B.C. Grand also failed to plead the executions were void as a matter of law. So Investa was authorized to levy the executions at the full purchase price amount. Chalk one up for Investa.