Ala. 2016). Let's suppose you go to the owner and say, "I bought this property at a tax auction. Also, you will not be paid anything for your preservation improvements. Every year ad valorem taxes (the “Taxes”) are due to the state, county, and city (if applicable) based on the value of the Property. You MUST understand the rules if you are going to be able to take advantage of this and also stay out of trouble. Devin Daniels, did you ever get your question answered? Paying someone else's property taxes doesn't necessarily mean you get the property. Basic Alabama Adverse Possession Requirements. It is called the Short Statute of Limitations, because it is only 3 years. Tax deductions on stamp duty and registration charges. When Property is sold under Alabama law due to non-payment of Taxes, the Owner has three years (or more) to redeem his interest in the Property without losing the legal title to the Property — known as administrative redemption. If a tax lien has a higher priority than another lien, the other lien is wiped out at the time of sale. Gregory S. Stanley, Esq.Alabama Tax Lien Association. In other places, the taxing authority must foreclose the property, usually by filing a lawsuit in court, before holding a tax sale. Suppose, instead, you spend a lot of money fixing up the property and it looks really great. Tax Sale: The sale of property that results when a taxpayer reaches a certain point of delinquency in his or her property tax payments. Sales are generally held in April and May, and these delinquent taxes can be purchased by the state or a third- party. The taxing authority simply executes its lien by taking title to the home. Technically, the answer is "No, unless that owner tells you the property is abandoned." Receive a free digital download of The Ultimate Beginner's Guide to Real Estate Investing. 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. You MUST understand the rules if you are going to be able to take advantage of this and also stay out of trouble. Connect with 1,000,000+ real estate investors! Unless specific ally stated otherwise, the licensing of canned computer software is considered a retail sale, and not a rental, and is subject to sales or use tax. 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. How to save on property taxes. The Tax Purchaser is immediately entitled to possession of the Property and may demand possession from the Owner. The big surprise is that they often DO NOT redeem if the property is vacant and neglected. Going into a vacant property and changing the locks is almost never peaceable. Every situation is different, but you get the idea. (A tax sale certificate in Louisiana is basically the same as a tax deed, as mentioned in the Louisiana Constitution.) Anything less than that is only vacant and neglected. To obtain “quiet title” relief, the Tax Purchaser must prove either (1) that he has “actual, peaceable possession of the lands,” 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. possession or of both, or a license to use or c onsume. 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. Possession must be "peaceable." Using a phrase of random words (like: paper Dog team blue) is secure and easy to remember. This is a great place to get an introduction to the tax lien/tax certificate/tax deed business in Alabama. Factors such as the payment of property taxes, the right to alter the land, the planting of crops or trees, collection of rents, repairs to the property, maintaining of the lot, etc., by the recipient serve to indicate, but are not necessarily conclusive, that possession has been transferred. 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 “without a time limit if the owner of the land seeking to redeem has retained possession.” 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. 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. Tax lien foreclosure is the sale of a property resulting from the property owner's failure to pay their tax liabilities. Compared to working with real estate agents and mortgage loan officers, buying tax delinquent properties is refreshingly quick and simple. That is what you need, in this example, to know the property is abandoned. In essence, “adverse possession” requires the Tax Purchaser to control the Property openly, exclusively, and continuously from all other persons for a specified period of time. As of the 2019 auctions, all counties except Baldwin, Calhoun, Cherokee, Cullman, Emore and Shelby sold tax certificates. That is a very simple and inexpensive lawsuit. Those counties sold tax liens. Denise's book and classes are invaluable. When can the Owner “redeem” his Property from the Tax Purchaser? A tax sale is the forced sale of property (usually real estate) by a governmental entity for unpaid taxes by the property's owner.. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. Just wait it out, lay low, and after it turns into a deed file your ejectment lawsuit. Which Bankruptcy Chapter is Right for Me. @Denise Evans. If a tax sale is void, it can be “cured” by 3 years of adverse possession after the tax deed date. That is in the statutes, at Ala. Code Section 40-10-74. There is an initial three-year redemption period which is extended as long as the borrower remains in possession of the property. They don't understand why you filed a lawsuit to get them out of a property they are not currently using anyway. Tax sales have a special and different rule. Attorneys Insurance Mutual of the South® 200 Inverness Parkway Birmingham, Alabama 35242 Telephone 205-980-0009 Toll Free 800-526-1246 l7ax 205-980-9009 . The owner has sent an affidavit and I signed it with void date. If the State purchased the property at the tax sale and later sells the property to a private party (also a “Tax Purchaser”), the Tax Purchaser is entitled to a tax deed granting him “all the right, title, and interest of the state in and to such lands” and providing him “all the rights, liens, powers, and remedies, whether as a plaintiff or defendant, respecting said lands as an individual purchaser at the tax collector’s sale would have in similar circumstances.” Delivery of a tax deed to the Tax Purchaser extinguishes the Owner’s “legal title” in the Property. Use at least 8 characters. To you lawyers reading this: Not even in equity. The myth seems to be that simply by paying someone else's property taxes, you become owner of that property. If the Owner fails to pay those taxes, then the Property could be sold to a potential purchaser (the “Tax Purchaser”). Alabama Department of Revenue, 126 Bankr. Eye-opening information. If it's turning into a tax deed this year, that probably means May, right? I always intended to fix the property up myself. Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! Quickly analyze a property address or ZIP Code to compare your rent in your neighborhood. If the Owner has at least constructive or scrambling possession of the Property (i.e., the Tax Purchaser … 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. 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. The property needs a lot of work and the owner had $100,000 of IRS liens against him before the auction. A tax sale certificate transfers "tax sale title" only, which means the purchaser’s interest in the property is subject to the right of redemption. Would you like to buy the property back? If they redeem after you file, then they also have to pay your legal fees. When the State Gets Possession of the Home If the State of Alabama is the high bidder at the sale, it’s entitled to possession of the home as soon as the judge signs the certificate of sale. 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. Fill out this form to The tax deed conveys an ownership interest to the tax lien buyer. 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. Property Tax Sales Pages 416 and 424. (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. Tax deductions and exemptions which, if availed of appropriately, can go a long way in easing a home buyer’s overall financial burden. 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. We just need a few details to get you set up and ready to go! 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 … Start analyzing real estate properties, we do the math for you. Then you buy at the auction. "Sold to State" properties are parcels that were offered at a past annual tax sale, and were not purchased at that time. On the Alabama Department of Revenue website, you can browse the tax delinquent property listings available in your county. These recoveries and testimonials are not an indication of future results. Section 507(a)(7)(c). The winning bidder at an Alabama tax sale is the bidder with the greatest bid. The IRS can redeem and then seize the property afterwards, but that never happens! The IRS lien goes off the property unless the owner redeems. Find local real estate meetups and events in your area. 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. Notification. The probate court must sell the property at the tax sale for at least the amount of the tax lien (i.e., the amount of Taxes owed plus late fees and any other fees due). I agree Denise, Tax Lien investment in Alabama, esp. Judge Sawyer’s excellent description is summarized a bit further here to give you a better idea of what rights the Owner and Tax Purchaser may have and when they can exercise those rights. Often, they just throw the lawsuit papers in the garbage. 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. 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. 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. Tax Records include property tax assessments, property appraisals, and income tax records. @Tamika Rue, by sending you the affidavit, the taxpayer has indicated the property is not abandoned. That is not your out-of-pocket expenses, but the amount you increased the value. Assessor, Revenue Commissioner and Tax Sales. 2100 1st Ave NSte 600 When the Owner has paid the required redemption amount to the court, “the 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].”. Maybe it was not such a good purchase for me. That is when someone can quiet the title. As a result, there's really no down-side to ejectment. The only exception is if the property is legally abandoned. Been tried by others and doesn't work according to the Alabama Supreme Court. Cost to Redeem the Property. Out of curiosity, I did some research on the county website and I discovered today that someone outside of our family (a friend of my cousin) has been paying the property taxes on it for the past 5 years. Once your price quote is processed it will be emailed to you. If a private party purchases the property at the tax sale (a “Tax Purchaser”), the Tax Purchaser is entitled to a certificate of purchase containing a description of the Property and the Taxes owed. 644 (Bankr. 35203. 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. To take possession of property with a tax lien and evict a person from the home, you must follow the necessary legal process to notify the homeowner that you have a valid tax lien. 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 property is vacant, then take possession. schedule your consultation. In Alabama, the occupier must occupy the property for 20 years. 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 — known as judicial redemption. 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 — known as judicial redemption. Tax Delinquent Property and Land Sales About. So, beginning to end, 77 days. 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. Autauga County Free Search. If property is vacant, can the investor change the locks and take over the property? Order becomes final and non-appealable 42 days later. (Ala. Code § 40-10-82). Using a phrase of random words (like: By signing up, you indicate that you agree to the. See In re Washington, 551 B.R. 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. 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. Learn how and when you can take someone's property by paying taxes. Alabama Tax Sale Investors and Improvements - Protect Your Rights. The Property Tax Division also advises and assisting county elected officials and their personnel, county commissioners, members of the boards of equalization, and other officials charged with mapping and appraisal duties, relating to laws, regulations, standards, and procedures governing property tax administration. If the Tax Purchaser holds a tax deed and the Owner remains in possession of the Property, the three-year limitation period will bar the Tax Purchaser’s ejectment action against the Owner and will also “re-vest” legal title to the Property in the Owner. I see it has a big IRS lien against it. 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. The information on this website is for general information purposes only. By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions. 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. A judge says the couple never owned the property under Alabama's property tax redemption laws. Unlike many states, delinquent taxes are sold every year in Alabama. Would I still have to file an ejectment lawsuit and wait 90 days before I can do anything to the property? Your remittance must be postmarked no later than the twentieth calendar day. That’s similar to … Autauga County Revenue Commissioner's … The holder of the certificate of sale is entitled to possession of the home. What happens then? Don't kid yourself. Alabama tax sale investors are entitled to possession of the property even though they might not get a deed for another three years. But the Owner retains a right of “judicial redemption.” 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. 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. A property owner (the “Owner”) holds the title to a parcel of real property (the “Property”). My good friend Brian Trippe, of REI Live, has graciously made available, modules of a “Tax Sale Basics” seminar that we put together back in April of this year. Jefferson and Shelby Counties, has become very profitable and lots of new investors are getting involved from across the country. Every state has conditional requirements, including time requirements. Any citations to authority supporting the statements may be found by reviewing In re Washington. But, what does that mean? Alabama tax lien certificates are sold at County Tax Sales during the month of May each year. When you find one that interests you, submit an application for a price … People always ask me, "What if nobody has been there for years and all the neighbors say the owner moved away to another state? 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. (For details on the tax sale process in Louisiana, see What Happens If I Don't Pay Property Taxes in Louisiana .) 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 “ejectment.” An “ejectment” action is a lawsuit brought by one party to remove another from the property. View Alabama tax delinquent properties available for purchase sorted by county including search by name or parcel number. Birmingham, When a property owner does not redeem their property within the statutory redemption period (a 3% occurence rate) , a tax deed will be available to the tax lien buyer. Please try again. I literally walked in and changed the locks. The Owner has three years “from the date when the [Tax P]urchaser became entitled to demand a deed therefor.” However, this three-year period does not begin to run until the Tax Purchaser is “in adverse possession” of the Property and is entitled to demand a deed to 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 Owner’s legal interest in the Property. You may request a price quote for State held tax delinquent property by submitting an electronic application. Your message has failed. A “trust fund” tax is a tax which is levied directly on the consumer and required to be collected by the merchant and reported to the state. If a Tax Purchaser (not the State) bought the property at the tax sale, the Owner may redeem the property from the Tax Purchaser “at any time within three years from the date of the sale.” This is known as “administrative redemption.” 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 “preservation improvements” made by the Tax Purchaser (also with 12% interest from the date of such premium payments or improvements). Would this be considered "peaceable'? Thanks for all of the free work, because this property was not abandoned and you were never entitled to possession.". The seminar consists of a total of six modules. Property Search and GIS Maps. Every case is different, and each case must be evaluated on its own facts and circumstances as they apply to the law. But sometimes, it does. 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. The answers can be confusing. A CLEAR VIEW INTO KEY INFORMATION AND CONNECTIONS IN YOUR CASE WITH WESTLAW CASE NOTEBOOK Use Westlaw Case Notebook to efficiently make … You are given twenty calendar days from the date on the price quote to remit your payment. So, let’s start with that. The bidding begins at just the back taxes owed. 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. Legally abandoned is completely different from vacant and badly neglected. Subscribe today and get the Oct/Nov issue delivered to your door! Since 2010, we’ve been helping our clients buy properties while managing every aspect of the real estate process. 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 “disputed” or “scrambling.” Scrambling possession requires that the party disputing the right of possession “do something indicating that he claims to be in possession himself” of the Property. The amount you’ll have to pay to redeem … Do you have any plans for it?" M.D. 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. 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. Alabama tax sale investors are entitled to possession of the property even though they might not get a deed for another three years. If you signed up for BiggerPockets via Facebook, you can log in with just one click! 364 (1991), the Bankruptcy Court held that the Alabama sales tax constitutes a “trust fund” tax and as such is not dischargeable in bankruptcy pursuant to 11 U.S.C. I have a tax sale home and the side door was wide-open and the wall it was attached to was falling down. PasswordUse at least 8 characters. 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. 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. Search Autauga County property records by owner name, address or parcel number through GIS mapping. So, let's say you have a tax certificate. I would like to take possession legally. Nada. The original owner has (3) three years to redeem his or her interest in the property. The Tax Purchaser is entitled to possession of the Property when he purchases the Property at the tax sale (or from the State). While the Tax Purchaser must have “peaceable possession,” the Owner’s possession of the Property “may be constructive or scrambling.”. THOMSON REUTERS WESTLAW. The three-year limitations period for judicial redemption can also cut the other way. As real estate investors, we all take risks. If it is not peaceable, the owner can sue you for money damages. AL Alabama Tax Records include documents related to property taxes, business taxes, sales tax, employment taxes, and a range of other taxes in AL. A person is in “peaceable possession” as opposed to “scrambling possession” when at the time of the lawsuit no other party is denying that the person is in possession of the Property. Tax sale investors are entitled to possession of property as soon as they obtain their tax certificate. Return to Top. Not one red cent. How Do Tax Delinquent Property and Land Sales Work? 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). On the other hand, technically the fastest you are allowed to drive on the Interstate is 70 miles per hour. 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. Usually, increased value is larger than reimbursement for expenses. If you asked the owner at that time if they wanted the property back, they would (of course) say, "You betcha. The tax deed will “vest 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.”. If they did redeem, they would have to pay you all the same charges as the owner. I have a tax lien turning into a tax deed this year. The highest bid on the property is $49,000. 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. You can take possession as soon as you get your tax certificate, but you can't just throw someone's stuff out into the street. Can I just take self-help possession without the ejectment order?" The state must first demand possession of the home from you. If there is no bidder, the State of Alabama buys the land at the amount of the tax lien. Nothing. You put a tenant in there, who is a good tenant and pays their rent on time. All properties on the state inventory are tax certificate properties, no matter what county. I will try to be relatively brief - my great grandfather owned a 110 acre plot of land in Alabama but the deed to the property is still in our family. Judge signs order maybe 5 days later. transcript of tax delinquent land available for sale 2753 shelby state of alabama-department of revenue-property tax divisionpage no:2 date:1/8/2021 If it is occupied, you must give written notice to vacate and then must wait 6 months before filing an ejectment lawsuit. 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. If they redeem when you file the ejectment lawsuit, they were always going to redeem anyway. Does this apply to a tax deed? Property tax ownership has come into question in some circles. You are not entitled to possession with a tax lien. The Tax Purchaser is entitled to possession of the Property when he purchases the Property at the tax sale (or from the State). , did you ever get your question answered, an attorney-client relationship low, and income tax records has very! 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I just take self-help possession without the ejectment lawsuit, they would have to pay to anyway! A parcel of real property ( the “ property ” ) holds the title to a parcel real..., all counties except Baldwin, Calhoun, Cherokee, Cullman, Emore and counties... Drive on the property in equity 90 days before I can do anything to the BiggerPockets &... A ) ( 7 ) ( c ) down-side to ejectment can also the! Free 800-526-1246 l7ax 205-980-9009 cut the other lien is wiped out at amount! 70 miles per hour I do n't pay property taxes, you understand. 6 months before filing an ejectment taking possession of tax sale property alabama been helping our clients buy properties while managing aspect. The Ultimate Beginner 's Guide to real estate properties, no matter what.! Take risks be postmarked no later than the twentieth calendar day n't work according to tax... Take self-help possession without the ejectment order? the seminar consists of property! For any individual case or situation properties while managing every aspect of the Ultimate Beginner 's to. Create, and income tax records less than that is what you need, in this example, to the... Evaluated on its own facts and circumstances as they apply to the BiggerPockets Terms Conditions! With void date indicated the property someone else 's property taxes does n't according. The myth seems to be able to take advantage of this and also stay out of trouble property )... Birmingham and Surrounding-areas Deeded properties be found by reviewing in re Washington to know the property $! According to the law advantage of this and also stay out of a property they not... Facts and circumstances as they apply to the has sent an affidavit I! Emore and Shelby sold tax certificates n't pay property taxes does n't work according to the.... Louisiana Constitution. resulting from the date on the property unless the owner has sent an and! You spend a lot of money fixing up the property is vacant, can the investor change the locks take... Instead, you can log in with just one click able to take advantage this. Money fixing up the property and it looks really great you need, this! Held tax delinquent property listings available in your area 205-980-0009 Toll free 800-526-1246 l7ax.! And Surrounding-areas Deeded properties tax lien/tax certificate/tax deed business in Alabama property is $ 49,000, and receipt viewing... Viewing does not constitute, an attorney-client relationship including time requirements others and does n't work according to.! Matter what county `` no, unless that owner tells you the affidavit, other.