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Updated almost 4 years ago on . Most recent reply

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Justin Mason
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Alabama Tax Sale Deed

Justin Mason
Posted

I have been researching Alabama Tax Sale and have found a lot of information on this site. I have been reading about voided tax sales because an owner has deceased and the heirs never had the property put in their name. From what I have found, if the heirs leave it in the deceased owners name, the tax sale is void. My question is, will the State of Alabama issue you a tax deed on a void tax sale? An would they notify you if the sale is void? 

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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

@Justin Mason, if the property is in Jefferson County, they have a special law passed in 1938 that says it doesn't matter if the wrong name is on the tax sale, it is still valid. Everybody else, void. Yes, they will sell you a tax deed even if it is void. That is because it's valid until somebody makes a claim it is void. Many times the heirs are in the wind, or don't care, or don't know, and the problem never arises. Plus, if you possession the property for 3 years after you obtain your tax deed, then the statute of limitations expires and nobody is allowed to sue you and claim the tax sale is void.

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