Alabama Tax Sale Tax Deed

[Darrell Hall]

I have a question buying a house with  3 years owe do u get deed or certificate? Cuase they only gave me a certificate. My question is if I pay for the next year will they give me the deed since I paid 4 years? 

[Denise Evans]

You get a tax deed three years after the auction date, not after payment of three years of taxes. Who gave you a certificate? I assume the state of Alabama? If the deadlines are pretty close to a deed date, it's actually better to get a certificate from the state, which you can then surrender to the probate judge of county where property located, and get a deed three years after the auction.

The reason a tax deed signed by the probate judge is better than a tax deed signed by the governor has to do with technicalities of evidence law if you have to file a quiet title lawsuit.  Legally they are both the same value, it's just that with a tax deed signed by the probate judge it is prima facie evidence the tax sale was done properly. That's because of a special evidence statute.  If the tax deed is signed by the governor, you will need to put on evidence that the tax sale was done properly. Not difficult, but it means you'll need to get witnesses to testify from the tax collector's office and the probate judge's office.