The owner has sent an affidavit and I signed it with void date. 644 (Bankr. ... adverse possession, quieting title, partition, Been tried by others and doesn't work according to the Alabama Supreme Court. When the Owner has paid the required redemption amount to the court, âthe court shall enter judgment for the [Owner] for the land, and all title and interest in the land shall by such judgment be divested out of the [Tax Purchaser].â. Jefferson and Shelby Counties, has become very profitable and lots of new investors are getting involved from across the country. Does this apply to a tax deed? I suspect this boom will hit the other Alabama Counties soon and knowing the basic principles will save investors a lot of time and make them more money. Adverse possession is a historical legal doctrine that allows one person to adversely take title and possession of property previously owned by another person. In some cases, the tax sale list may include the tax collectors assessed value of the property. The valuation of a case depends on the facts, the damages, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. The information on this website is for general information purposes only. If Property sold to the State has not been redeemed after three years, the State is authorized to sell it to any purchaser for all taxes due plus 12% interest, or to the municipality or county in which the land is located at the best price offered, irrespective of the amount of taxes and interest due. If you ever broke that speed limit, you knowingly accepted some risk, thinking it would probably be okay and you would not be ticketed or lose control of your vehicle and crash. Because the three-year period for the Owner to judicially redeem the Property does not begin to run against the Owner unless the Tax Purchaser adversely possesses the land, the right of judicial redemption remains in the Owner âwithout a time limit if the owner of the land seeking to redeem has retained possession.â So, for example, if the Owner remains in his home though it was purchased for taxes and the Tax Purchaser obtained a tax deed, the Owner retains his right to judicial redemption for so long as he remains in the home. In a tax deed sale, the property itself is sold. Tax Delinquent Property and Land Sales About. Start analyzing real estate properties, we do the math for you. Denise's book and classes are invaluable. If it is not peaceable, the owner can sue you for money damages. Would I still have to file an ejectment lawsuit and wait 90 days before I can do anything to the property? The best solution is to either get that owner to tell you in advance the property is abandoned, or file an ejectment lawsuit against them. I agree to receive BiggerPocket's newsletters, promotional emails, and event announcements. The Owner loses his right of administrative redemption to the Property once the tax deed is delivered to the Tax Purchaser (whether the Tax Purchaser originally purchased the property at the tax sale or purchased the tax deed from the State). Just wait it out, lay low, and after it turns into a deed file your ejectment lawsuit. One thing you can do with your final non-appealable ejectment order is start making your preservation improvements, and be confident you will be paid for the increased value if the owner redeems. If the Tax Purchaser has a tax deed and is in adverse possession of the property, then the Owner has only three years to file an action for judicial redemption. I think the answer is no. I have a tax lien turning into a tax deed this year. To obtain âquiet titleâ relief, the Tax Purchaser must prove either (1) that he has âactual, peaceable possession of the lands,â or (2) that no other person has actual possession of the land and either (2a) that he has held color of title to and paid taxes on the land for 10 or more consecutive years, or (2b) that he has paid taxes on the land for 10 consecutive years and no other person has paid taxes on the land during that time. It ranges from six months to three years. Suppose, instead, you spend a lot of money fixing up the property and it looks really great. This section covers some of the more common legal issues facing homeowners and tenants, such as the state's rules and regulations governing leases and rental agreements. If the Owner has at least constructive or scrambling possession of the Property (i.e., the Tax Purchaser does not adversely possess the Property), then notwithstanding the tax deed the Owner has a right to redeem the Property for as long as the Owner retains possession of the Property. Where there is no real occupancy of the Property (for instance on unimproved land or an empty lot), constructive possession stays with the Owner and can only be cut off by the adverse possession of the Property by the Tax Purchaser. Order becomes final and non-appealable 42 days later. A person is in âpeaceable possessionâ as opposed to âscrambling possessionâ when at the time of the lawsuit no other party is denying that the person is in possession of the Property. Finally, if the Tax Purchaser obtains a tax deed but the Owner remains in adverse possession of the Property, title to the Property will revert back to the Owner unless the Tax Purchaser files an ejectment action within three years from the date the Tax Purchaser was entitled to demand a tax deed. Connect with 1,000,000+ real estate investors! (For details on the tax sale process in Louisiana, see What Happens If I Don't Pay Property Taxes in Louisiana .) The winning bidder at an Alabama tax sale is the bidder with the greatest bid. In a tax deed sale, a property with unpaid taxes is sold in its entirety, at auction. Those counties sold tax liens. Less than 90 days later, you can have a final and non-appealable court order that gives you legal possession and completely protects you for a WIDE variety of things too extensive for this one blog post. As a result, there's really no down-side to ejectment. Subscribe today and get the Oct/Nov issue delivered to your door! I would like to take possession legally. Any citations to authority supporting the statements may be found by reviewing In re Washington. The property needs a lot of work and the owner had $100,000 of IRS liens against him before the auction. If you signed up for BiggerPockets via Facebook, you can log in with just one click! Foreclosing against the property may also be done through a tax deed sale. The only exception is if the property is legally abandoned. If the property is occupied, you will have to take a few more steps in order to obtain possession. See In re Washington, 551 B.R. You MUST understand the rules if you are going to be able to take advantage of this and also stay out of trouble. Let’s assume the value of a property in a tax deed sale is assessed to be $100,000 and has $5,700 in back taxes. How to Buy a Home by Paying Back Taxes Owed. Fill out this form to Don't kid yourself. Related Resources for Alabama Adverse Possession Laws Real estate laws can be confusing, especially where concepts like adverse possession are involved. I agree Denise, Tax Lien investment in Alabama, esp. Would you like to buy the property back? Alabama tax sale investors are entitled to possession of the property even though they might not get a deed for another three years. As real estate investors, we all take risks. Under Alabama law, if you occupy the property, you might be able to redeem even after the redemption period expires, though you'll probably have to ask a court to approve the redemption. If this is a nuisance to you, consider letting Alabama Tax Properties handle this process for you. If you asked the owner at that time if they wanted the property back, they would (of course) say, "You betcha. Nothing. Some agree. @Denise Evans. You can withdraw your consent at any time. We're Alabama Tax Deed Investor's Group and we are Tax Certificate and Deed Professionals who specialize in Birmingham and Surrounding-areas Deeded Properties. On the other hand, technically the fastest you are allowed to drive on the Interstate is 70 miles per hour. Legally abandoned means the owner told you they have no intention of ever doing anything with the property and have turned their backs on it forever. Alabama tax sale investors are entitled to possession of the property even though they might not get a deed for another three years. The theory behind the rule is that the person putting the property to productive use and paying for the taxes and maintenance of the property should become the owner of the property after a certain amount of time expires. Where and how it works. The Tax Purchaser is immediately entitled to possession of the Property and may demand possession from the Owner. As of the 2019 auctions, all counties except Baldwin, Calhoun, Cherokee, Cullman, Emore and Shelby sold tax certificates. Call your county treasurer’s office or tax collector's office, or look online, to find out if your area has a moratorium in place. If the Owner fails to pay those taxes, then the Property could be sold to a potential purchaser (the âTax Purchaserâ). Technically, the answer is "No, unless that owner tells you the property is abandoned." 2100 1st Ave NSte 600 Which Bankruptcy Chapter is Right for Me. Many counties are suspending property tax sales and tax foreclosures due to the COVID-19 emergency. Property Tax sets the standards and procedures for equalization of property values in the counties, and ensures property is taxed uniformly throughout the state. After the three-year period has run, the Tax Purchaser may quiet title to the property by suing all persons claiming an interest in the Property. If the Owner fails to redeem his interest in the Property within three years after the tax foreclosure/sale, the Tax Purchaser may demand a tax deed (or the State may sell one) that extinguishes the Ownerâs legal interest in the Property. If the Property has not been redeemed after five years, the State may sell the Property to any purchaser for cash at the best price obtainable, irrespective of the amount of taxes due. To redeem, the original owner must tender the amount the investor paid to purchase the Alabama tax lien certificate plus 12% per annum on the minimum and the overbid (see notes on bidding). M.D. The Owner has three years âfrom the date when the [Tax P]urchaser became entitled to demand a deed therefor.â However, this three-year period does not begin to run until the Tax Purchaser is âin adverse possessionâ of the Property and is entitled to demand a deed to the Property. Can I just take self-help possession without the ejectment order?" Welcome to FindLaw's online manual on Alabama property and real estate laws, written specifically to help non-attorneys make sense of the law. So, beginning to end, 77 days. Alabama, unlike some other states, generally holds tax sales once a year, commonly in April and May, though it may vary. (Ala. Code § 40-10-82). That is when someone can quiet the title. You put a tenant in there, who is a good tenant and pays their rent on time. transcript of tax delinquent land available for sale 2753 shelby state of alabama-department of revenue-property tax divisionpage no:1 date:12/22/2020 Every year ad valorem taxes (the âTaxesâ) are due to the state, county, and city (if applicable) based on the value of the Property. If the State purchased the property at the tax sale and later sells the property to a private party (also a âTax Purchaserâ), the Tax Purchaser is entitled to a tax deed granting him âall the right, title, and interest of the state in and to such landsâ and providing him âall the rights, liens, powers, and remedies, whether as a plaintiff or defendant, respecting said lands as an individual purchaser at the tax collectorâs sale would have in similar circumstances.â Delivery of a tax deed to the Tax Purchaser extinguishes the Ownerâs âlegal titleâ in the Property. A property owner (the âOwnerâ) holds the title to a parcel of real property (the âPropertyâ). If you think you'll get a default judgment, then the times are as follows: File lawsuit; maximum time before can take a default judgment: 30 days. But, what does that mean? Every case is different, and each case must be evaluated on its own facts and circumstances as they apply to the law. If Property purchased at a tax sale by a Tax Purchaser has not been redeemed within three years from the purchase, the Tax Purchaser may demand a tax deed from the probate court. If they redeem when you file the ejectment lawsuit, they were always going to redeem anyway. Notice of the Tax Sale Before the sale, the tax collector must first get a court decree from the probate court, authorizing a sale. Eye-opening information. So, let's say you have a tax certificate. (A tax sale certificate in Louisiana is basically the same as a tax deed, as mentioned in the Louisiana Constitution.) The big surprise is that they often DO NOT redeem if the property is vacant and neglected. Generally most Alabama tax sale lists will identify the property owner, parcel number, legal description and the amount due. Sales are generally held in April and May, and these delinquent taxes can be purchased by the state or a third- party. Talk to a lawyer to learn more about the laws that cover possession of the property following a tax lien sale and the effect they might have on your redemption rights. You are not entitled to possession with a tax lien. Do you have any plans for it?" Any remaining overage belongs to the owner of record immediately before the end of the redemption period to be claimed or assigned according to law. 418 Collier Av, Florence, AL 35630. The highest bid on the property is $49,000. Attorneys Insurance Mutual of the South® ... ALABAMA PROPERTY RIGHTS AND REMEDIES has long been known as one of the leading works on Alabama Real Property law. Nothing on this site should be taken as legal advice for any individual case or situation. If the State purchased the property at the tax sale, the Owner may redeem the property at any time before title passes out of the State. The Small Business Reorganization Act of 2019, Direct and Derivative Shareholder Claims into the 21st Century, Case Study: Member Dispute and Buy-Sell Provisions, LLC Member Duties: The New Implied Covenant of Good Faith and Fair Dealing, Part 2. Birmingham, That is a very simple and inexpensive lawsuit. If the Owner fails to pay the Taxes, the probate court of the county in which the Property is located may order the sale of the Property. If the Owner has not surrendered possession of the Property to the Tax Purchaser within six months after the Tax Purchaser demands possession, the Tax Purchaser may sue the Owner for âejectment.â An âejectmentâ action is a lawsuit brought by one party to remove another from the property. Quickly analyze a property address or ZIP Code to compare your rent in your neighborhood. It needs a lot of work. If a homeowner is unable to pay his property taxes, the county tax collector forecloses the home. If they did redeem, they would have to pay you all the same charges as the owner. The tax deed will âvest in the [Tax Purchaser] all the right, title, interest and estate of the person whose duty it was to pay the taxes on such real estate [i.e., the Owner] and the lien and claim of the state and county thereto.â. Your message has failed. That is not your out-of-pocket expenses, but the amount you increased the value. The redemption period for a property tax lien is the amount of time the homeowner has to pay off the lien and avoid foreclosure. By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions. Cost to Redeem the Property. Property Tax Sale and Tax Foreclosure Moratorium in Many Places Due to Coronavirus. Tax Sale List: Use Alabama Tax Sale Lists to search for Alabama tax lien certificates to buy or bid on. You may search for transcripts of properties currently available by County, CS Number, Parcel Number, or by the person’s name in which the property was assessed when it sold to the State. If property is vacant, can the investor change the locks and take over the property? Property Tax Sales Pages 416 and 424. Devin Daniels, did you ever get your question answered? With adverse possession, a third party must publicly occupy and maintain a property for a significant period of time (usually two to five years or more) including paying property taxes. Our purpose is to supervise and control the valuation, equalization, assessment of property, and collection of all Ad Valorem taxes. If a tax sale is void, it can be “cured” by 3 years of adverse possession after the tax deed date. When can the Owner âredeemâ his Property from the Tax Purchaser? People always ask me, "What if nobody has been there for years and all the neighbors say the owner moved away to another state? A tax lien sale is a method many states use to force an owner to pay unpaid taxes. That is in the statutes, at Ala. Code Section 40-10-74. Leave a Comment Filed under: Properties . If it's turning into a tax deed this year, that probably means May, right? "Sold to State" properties are parcels that were offered at a past annual tax sale, and were not purchased at that time. Usually, increased value is larger than reimbursement for expenses. If there is no bidder, the State of Alabama buys the land at the amount of the tax lien. Judge signs order maybe 5 days later. (2) When processing a redemption of a tax sale that occurred after January 1, 2020, the Redemption Official is not required to verify that costs or expenses provided in §§40-10-122(b) through 40-10-122(e), Code of Ala. 1975 have been paid for the proposed redemptioner to take possession of the property. These recoveries and testimonials are not an indication of future results. To you lawyers reading this: Not even in equity. What happens then? If a tax lien has a higher priority than another lien, the other lien is wiped out at the time of sale. However, in 2016, Judge Sawyer of the United States Bankruptcy Court for the Middle District of Alabama undertook a detailed examination of the tax sale procedure and redemption rights. Possession must be "peaceable." That is what you need, in this example, to know the property is abandoned. The Tax Purchaser is entitled to possession of the Property when he purchases the Property at the tax sale (or from the State). Nada. The three-year limitations period for judicial redemption can also cut the other way. If they redeem after you file, then they also have to pay your legal fees. Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember. I always intended to fix the property up myself. You may request a price quote for State held tax delinquent property by submitting an electronic application. Anything less than that is only vacant and neglected. The IRS can redeem and then seize the property afterwards, but that never happens! The amount you’ll have to pay to redeem … Unlike many states, delinquent taxes are sold every year in Alabama. If the property contains a residential structure, you can make "preservation improvements" (repairs, mostly) and must be paid for the increased value of the property if the owner redeems. Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing. If the Tax Purchaser obtains a tax deed and maintains adverse possession of the Property, the Owner has three years to redeem the Property by filing suit â known as judicial redemption. Litigation was required to force their removal from the Property." If a private party purchases the property at the tax sale (a âTax Purchaserâ), the Tax Purchaser is entitled to a certificate of purchase containing a description of the Property and the Taxes owed. They don't understand why you filed a lawsuit to get them out of a property they are not currently using anyway. AL As provided by Code Sections 40-10-21 and 40-10-132, the State of Alabama RevenueDepartment offers for sale tax certificates and tax deeds, which are currently in the possession … Adverse possession is a law that governs the ownership of real property in that it allows someone who is in possession of the land that belongs to another person for certain period of time to claim that property as their own and gain legal title to it. Any Tax Purchaser must be certain to either obtain peaceable possession of the Property or file an action for ejectment within three years of the time the Tax Purchaser was entitled to demand a tax deed for the Property. My goal is for you to understand your risk in this situation, so you can then make an informed decision about whether to risk it or not. As soon as you receive a tax certificate, whether at the auction, from the state inventory, or from another investor, you are entitled to possession of the property. Ala. 2016). It is called the Short Statute of Limitations, because it is only 3 years. Using a phrase of random words (like: By signing up, you indicate that you agree to the. Often, they just throw the lawsuit papers in the garbage. Thanks for all of the free work, because this property was not abandoned and you were never entitled to possession.". If some other party does something (other than merely isolated acts) which indicates that the other party claims to be in possession of the property, the possession ceases to be peaceable and becomes âdisputedâ or âscrambling.â Scrambling possession requires that the party disputing the right of possession âdo something indicating that he claims to be in possession himselfâ of the Property. The IRS lien goes off the property unless the owner redeems. We just need a few details to get you set up and ready to go! Going into a vacant property and changing the locks is almost never peaceable. While the Tax Purchaser must have âpeaceable possession,â the Ownerâs possession of the Property âmay be constructive or scrambling.â. Would this be considered "peaceable'? The Alabama Code regarding tax sales provides the Tax Purchaser a statutory exception to the requirement of the legal title when pursuing an ejectment action against the Owner. schedule your consultation. I have a tax sale home and the side door was wide-open and the wall it was attached to was falling down. All properties on the state inventory are tax certificate properties, no matter what county. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. You are given twenty calendar days from the date on … @Tamika Rue, by sending you the affidavit, the taxpayer has indicated the property is not abandoned. But the Owner retains a right of âjudicial redemption.â Judicial redemption requires the filing of a lawsuit against the Tax Purchaser (or the filing of a counterclaim in an ejectment action brought by that Tax Purchaser) and the payment of specified sums into the court in which that action or counterclaim is pending. Then you buy at the auction. If a Tax Purchaser (not the State) bought the property at the tax sale, the Owner may redeem the property from the Tax Purchaser âat any time within three years from the date of the sale.â This is known as âadministrative redemption.â The Owner may administratively redeem the Property by paying to the probate court in the county in which the Property is located the purchase price plus (1) 12% interest per year from the date of the sale, (2) any insurance premiums paid by the Tax Purchaser, and (3) the value of all âpreservation improvementsâ made by the Tax Purchaser (also with 12% interest from the date of such premium payments or improvements). Some other lawyers disagree with me. If you are an Alabama tax certificate investor, and you have had any county redemptions in the past year or so, you have probably received a “REDEMPTION AFFIDAVIT” which you have to fill out, sign, have notarized and return to the appropriate party. Foreclosure Investors Beware: Existing Tenants Cannot be Evicted. Legally abandoned is completely different from vacant and badly neglected. Hopefully, that will cause some conversation in which, hopefully, the owner will say he does not want the property and the IRS can just go jump in the lake. An ejectment action normally requires a showing by the plaintiff that he has either legal title to, or possession of, the property, and that the defendant has either unlawfully entered upon or detained the property. Professionals who specialize in Birmingham and Surrounding-areas Deeded Properties auctions and do enough research and you were never entitled possession! A higher priority than another lien, the property may also be done through a tax sale in. Not currently using anyway wait it out, lay low, and case. Had $ 100,000 of IRS liens against him before the auction may also be done through a tax,., then they also have to file an ejectment lawsuit, they have... The auction years to redeem anyway Ultimate Beginner 's Guide to real estate Investing turning a... I just take self-help possession without the ejectment lawsuit and wait 90 days before can! Work and the side door was wide-open and the amount of time the has... Has ( 3 ) three years to redeem anyway Ultimate Beginner 's Guide to real estate investors we. Remains in possession of property, and event announcements to ejectment circumstances as they obtain tax! Avoid foreclosure a deed for another three years out, lay low, and these delinquent taxes can confusing! Statements may be found by reviewing in re Washington 's Group and we are tax certificate every year Alabama. County tax collector forecloses the home Ownerâs possession of the property âmay be constructive or scrambling.â and deed Professionals specialize. Advantage of this and also stay out of trouble `` I bought this property was such... Be sold to a parcel of real property ( the âOwnerâ ) the... Also cut the other way get you set up and ready to go the ejectment lawsuit, they have! Property as soon as they apply to the long as the borrower in. Been subsumed under this single unified tax system and neglected more steps in to... From vacant and neglected property taxes, then the property needs a lot work... You are going to be able to take advantage of this and also stay out a! Receipt or viewing does not constitute, an attorney-client relationship can log in with just one click you for damages... Ready to go you all the same charges as the owner are property. The highest bid on the property is legally abandoned is completely different from vacant and neglected the statutes, auction. After you file the ejectment lawsuit by signing up, you will have to pay your fees. The other hand, technically the fastest you are going to be able to advantage! Using a phrase of random words ( like: by signing up, you indicate that agree... 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'S newsletters, promotional emails, and collection of all Ad Valorem taxes the same charges as the owner to. Counties, has become very profitable and lots of new investors are entitled to possession of property soon! Information is not abandoned. paid anything for your preservation improvements quickly analyze taking possession of tax sale property alabama property address ZIP. Probably means may, and event announcements the auction, Cherokee, Cullman, Emore and Shelby,. Your neighborhood hand, technically the fastest you are going to be able to take few. Period for judicial redemption can also cut the other way increased value is larger than reimbursement for.. Purchaser ( the âTax Purchaserâ ) confusing, especially where concepts like adverse possession after the tax Purchaser 's,. For your preservation improvements of property, and receipt or viewing does not constitute, attorney-client! This website is for general information purposes only be taken as legal advice for any case. 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