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Updated about 5 years ago on . Most recent reply

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Niki Brown
  • Birmingham, AL
2
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Alabama Tax Deed- occupied property

Niki Brown
  • Birmingham, AL
Posted

I recently obtained possession of a property that is currently occupied. The owner reached out to me saying that he wants to keep his house. However, he hadn’t paid the taxes since 2011. 

1. What can I do? I would like collect monthly rent from him. I sent him a certified letter on yesterday advising the same. Should I go ahead and file an ejectment lawsuit?

2.  If he chooses to redeem, would he pay the money directly to the county and they mail me the payment or will he pay the money directly to me?

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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

@Niki Brown, if the taxes are unpaid since 2011, then you have a tax deed. As such you do not have to give the written notice to vacate and then wait 6 months before filing the ejectment lawsuit, you can file immediately. I would give the current occupant 10 business days to sign a lease with you and, if he does not, file the ejectment lawsuit. It will cost you a court filing fee around $300 and attorneys fees of around $500 if you are able to take a default judgment. 

If he redeems, he does that directly through you, and pays you.

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