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Updated over 2 years ago on . Most recent reply

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54
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Gregory Stanley
  • Attorney
  • Alabama
36
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54
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Alabama Appeals Court Ruled to uphold Code section on Redemptions

Gregory Stanley
  • Attorney
  • Alabama
Posted

Alabama redemptions allow for an investor to recover the value of the improvements they made while in possession of tax lien property.  Some Alabama Courts had been using cost, or other strict criteria to determine the amount, today the Alabama Appeals Court ruled that the Value of improvements, not cost, is to be paid to redeem.  The Court further held that the recent strict interpretation that "preservation improvements" only applied to work that prevented waste was incorrect.   Preservation improvements for tax sales is similar to foreclosure redemptions by code, and the Appeals Court directed the lower court to apply the historically used meaning and award the value of improvements made to the residential property within reason. 

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16,433
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Ned Carey
  • Investor
  • Baltimore, MD
12,718
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16,433
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Ned Carey
  • Investor
  • Baltimore, MD
ModeratorReplied

@Michael Watts I based my comments on the original posters message. Normally you are correct.. In most states unless you get a court order to make preservation improvements in a tax lien property, you have no right to even to go onto, much less improve a property you do not own.

His post implied that "Preservation improvements" were legally allowed. The question is to what degree. 

  • Ned Carey
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