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Updated 9 months ago on . Most recent reply

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26
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Tyson Begly
  • Investor
  • Alabama
9
Votes |
26
Posts

Chambers Alabama tax sale be void if assessed person was deceased before auction?

Tyson Begly
  • Investor
  • Alabama
Posted

I have a tax certificate for Chambers County from the 2023 auction.  The house is clearly abandoned, as the power box is disconnected, AC is removed and someone clearly packed up the stuff.  It has been sitting abandoned, and no one has responded to our signs on the doors for 2 weeks.

According to Alabama GIS, the 2021 taxes were paid in March 2022. We paid the 2022 taxes at the 2023 auction.

I found an obituary where it looks like the previous owner passed away in October 2021.

I've never had a tax sale turn out to be void, but it is my biggest fear with Alabama tax sale investing. I sent a letter to the owner address listed in Alabama GIS, but they never responded.  I don't know who I would file an ejectment against.

The house needs repairs, so I'm scared to see what it would look like in over 3 years after I get the tax deed and file a quiet title.  I also don't want to invest $20k+ in repairs if there is potential they wouldn't get reimbursed.

Thoughts on whether it's valid, or how to protect myself?

Most Popular Reply

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Denise Evans#1 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
1,484
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1,566
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Denise Evans#1 Tax Liens & Mortgage Notes Contributor
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

@Tyson Begly  Tricky question. If you have a quiet title order AND properly served everybody you could find AND the guardian ad litem did their job properly, then you are probably safe. On the other hand, a "served by publication" heir could argue the guardian ad litem did not do their job well, the heir should not be foreclosed from claiming the tax sale was void, and they ALWAYS have 3 years after the tax deed date to assert their rights and cannot lose them simply because of a GAL who did not assert the correct defenses on behalf of the unknown or unfound heirs.

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