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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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Jonee Walker
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How do I get a title for a tax deed property when owner has died

Jonee Walker
Posted

My mom purchased a property from a tax sale over 10 years ago before in Alabama and deeded her properties to me before she passed away recently. I just found out that her property from the tax sale was never recorded and she never had a deed in her name. Also she has been paying the taxes on the property since she purchased it and tax records shows that she has been paying the property taxes but it also shows the original owner's name on the taxes also. Was my mom the legal owner when she deeded the property to me? 

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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

You can probably get a replacement certificate issued and then surrender it for a tax deed.  If you or your mother have occupied the property for ten years you can probably get title insurance just on an affidavit and no quiet title lawsuit because you'll have color of title and ten+ years of adverse possession.

If there has been no possession, the former owner can get the property back and pay you nothing under Rioprop v. BBVA Compass.

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