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Alabama Real Estate Q&A Discussion Forum
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Updated over 3 years ago on . Most recent reply

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Tommy Lewis
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Alabama New Tax Lien Auctions Exclusive Possession? Tax Deed?

Tommy Lewis
Posted

Thanks for your help in advanced. I have a few questions about this new system as it seems changes are pretty big. 

When you win a tax lien auction does the 3 year administrative and judicial clock start concurrently?  

In order to receive credit for judicial clock do you have to provide exclusive possession?  

At the end of the 3 year period is it necessary to request a tax deed or can you go straight to foreclosure and quiet title?  

Do you have to provide the previous owner any type of notice for redemption purposes or show notorious possession (neighbors)? 

I'm sure you still have to preform a title search and provide any other lien holders  a certified letter of your lien interest and they receive a year to redeem right? 

This new system seems to use some of the old and some new rules but some new rules seem you might get in trouble if you you use some of the old system rules in this new system. Any help will be greatly appreciated Thank in advanced for your opinions.       

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Denise Evans#1 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans#1 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

With a tax lien auction, there is no such thing as judicial redemption.  The taxpayer can redeem at any time for the first three years, and can still redeem at any time afterwards up until the investor files a judicial foreclosure lawsuit and the judge grants the judicial foreclosure order.  If things go that late, then the redeeming party must also pay the legal fees for that lawsuit.

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