Alabama Tax Sale Certificate - Redemption Rights

[Bonnie Moore]

Recently I took possession of a tax deed property in Etowah County, Alabama. The locks were changed, no trespassing signs were posted with my contact info and cleanup is underway. 

The structure needs repairs to prevent further weather damage.

Denise Evans informed me to file an ejectment action to ensure my possession is legal. However, this is the advice of a local attorney:

"Thanks for your inquiry. You don't need any ejectment action if it has been empty for 5 years. Take possession and make repairs. After possession for 3 years you can do a quiet title action, which will cost about $1500, assuming nobody contests it."

How do I legally protect my investment? I hope to live there one day and must ensure any repair costs will be reimbursed if an heir redeems the property. 

[Denise Evans]

@Bonnie Moore, I think you received bad advice from the local attorney. You can take DIY possession only if the property is legally abandoned. I am not aware of any statute or Supreme Court decision that says property vacant for five years is considered legally abandoned.  

There are horrific consequences if you engage in DIY possession and a court later determines that you entered illegally. You could lose the property, the right to be paid for improvements, the right to be paid for taxes and interest, and you could be sued.  A vacant property is not an abandoned property.  If you will send me the name of the attorney in a PM, I will be happy to call and talk with them and hopefully reconcile this so they see the importance of an ejectment lawsuit and can help you out. The pricing is about right, though.