Alabama Tax Deeds! Info Needed!!!
Hello everybody, I am new to this forum board & a newbie to the Tax Certificate/Tax Deed area. But I have maybe a simple question for someone, but for me its much needed information.
I need to know what exactly can I do by aquiring and holding a Tax Deed on a house, condo or apt. building? Or in other words what rights do I have to the property by being the Tax Deed holder?
Can I immediately go to a house/condo ect... & change the locks, make modification or improvements or even rent it out?
Or do I have to wait a certain amount of months before I can go to the property to do the above?
Or do I just have to have a perfected title by quiet title before I have any of these rights?
I am in the State of Alabama, specifically Jefferson County.
gmackk--(AL)---------------
I don't know the law where you are. In general, when you have a lien against the property you can do nothing with the property itsself, not being the owner.
However, your state law determines. Read the state statutes on collection of delinquent property taxes and tax liens, tax deeds, etc. I suggest doing so in a law library, reading the annotated codes, not just the bare "black law" statutes as passed by the legislature.
You might also pursuse some of the county treasurer/tax collector websites for information on this topic.
Good Investing***********Ron Starr**********
Well heres the deal,
I have a house that has delinquent tax since 1998 & the state has purchased the house... The house is decent and vacant. And lets just say the house has no other liens againgst it. If I pay the back taxes to the state through the state's private sale and receive a Tax Deed, what rights do I have as the deed purchaser with this kind of deed?
Can I rent this house/Can I personally dwell in it/ Can I make improvements?
For Mr. Starr or anyone who can understand law language...
I know I need to consult a competent atty. from my state, but I did a little research as Mr. Starr suggested and came up with these statues from my state that I think deal with what I am talking about. If anyone can help interpret these best ya can I would appreciate it very much...
Deeds - Delivered to purchaser.
After the expiration of three years from the date of the sale of any real estate for taxes, the judge of probate then in office must execute and deliver to the purchaser, other than the state, or person to whom the certificate of purchase has been assigned, upon the return of the certificate and payment of a fee of $5 to the judge of probate, a deed to each lot or parcel of real estate sold to the purchaser and remaining unredeemed, including therein, if desired by the purchaser, any number of parcels, or lots purchased by him at such sale; and such deed shall convey to and vest in the grantee all the right, title, interest and estate of the person whose duty it was to pay the taxes on such real estate and the lien and claim of the state and county thereto, but it shall not convey the right, title or interest of any reversioner or remainderman therein.
Deeds — Signature, acknowledgment and effect.
Such deed shall be signed by the judge of probate in his official capacity, and by him acknowledged before some officer authorized to take acknowledgment of deeds, and it shall be, in all the courts of the state, prima facie evidence of the regularity of all proceedings recited therein both prior and subsequent to the decree of sale in any controversy, proceeding or suit involving or concerning the rights of the purchaser, his heirs or assigns to the real estate thereby conveyed.
Right of purchaser or assignee to possession; redemption when lien is recorded
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall be entitled to possession of said lands immediately upon receipt of certificate of sale from the tax collector; and, if possession is not surrendered within six months after demand therefor is made by said purchaser or his assignee, the said purchaser or his assignee may maintain an action in ejectment or a statutory real action in the nature of ejectment, or other proper remedy for the recovery of the possession of the lands purchased at such sales and shall be entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption provided for in this title. If the mortgage or other instrument creating a lien under which a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall, in addition to the time in this title specified, have the right to redeem said real estate sold, or any portion thereof covered by his mortgage or lien, at any time within one year from the date of written notice from the purchaser of his purchase of said lands at tax sale, served upon such party, and notice served upon either the original mortgagees or lienholders or their transferee of record, or their heirs, personal representatives or assigns shall be sufficient notice. Such notice shall be given by certified or registered mail, return receipt demanded, addressed to the last known address of the mortgagee or lienholder. Nothing in this title shall affect the rights of minors or insane persons to redeem as provided for in this title, or operate to convey or affect the rights, title or interest of any reversioner or remainderman.
Limitation of actions.
No action for the recovery of real estate sold for the payment of taxes shall lie unless the same is brought within three years from the date when the purchaser became entitled to demand a deed therefor; but if the owner of such real estate was, at the time of such sale, under the age of 19 years or insane, he, his heirs or legal representatives shall be allowed one year after such disability is removed to bring an action for the recovery thereof; but this section shall not apply to any action brought by the state, nor to cases in which the owner of the real estate sold had paid the taxes, for the payment of which such real estate was sold prior to such sale, nor shall they apply to cases in which the real estate sold was not, at the time of the assessment or of the sale, subject to taxation.
I guess no one knows about these codes or the situation?
Hi,
Thread on Alabama
Good luck,
Steve
Thanks Steve,
This link really cleared up a lot of misconception I had about the tax deeds in this state!
I also just went to the Atty Generals webpage and looked at some of the old and new opinions they shared on this situation.