All Forum Posts by: Denise Evans

The Alabama Abandoned Motor Vehicle Act applies only if  you are the owner of the property, which means you must have a tax deed.  How long until you have one?

Your only other avenue is to sue for ejectment, get an ejectment order, and when the vehicles have not been removed, have them towed off. Can you find the owners to serve ejectment papers on them? Ejectment is not a cause of action that is capable of service by publication, so if you can't find the owners, I'm not sure what you can do. Call me, and let's brainstorm.

It is not necessarily the PM's fault. The lawyer might have delayed filing the suit. The tenant might have answered and disputed and there were several continuances before a trial.  I happen to know that Jefferson County Sheriff's department is running MANY months behind on executing writs of possession, and there is nothing anybody can do about it. Which is not to say delays were not the fault of the PM, but that is not necessarily true in this instance.  Yes, he needs to get the court file and read it.

If you have the case number, you can call the Bessemer Division Sheriff's office, ask for the civil service division, and perhaps get an estimate on when they will be served.

In Alabama, at least, it is a strategy of actually getting the property, whether the sellers are motivated or not, and whether they are in the wind or not.  Immediate possession rights under older system (still applicable to over the counter sales) and immediate possession with the right strategy still possible with newer system.  Of course, @Account Closed is right about motivated sellers. Don't overlook that aspect of the possibilities. Many people who cannot afford to fix up their properties wonder why they keep paying the taxes year after year, but they feel trapped  into doing it. Inertia prevents them from contacting a real estate agent to sell the property, or perhaps an agent will not take the listing because the property is in such bad shape. Keep your eyes open at all times to whatever possibilities might appear, and you will find yourself finding more opportunities than if you stick to a pre-programmed, off-the-shelf, strategy.  Of course, you need to be prepared before leaping in. But, don't put yourself in an investing straight jacket.

Yes, you can. You need to register as a foreign (meaning out of state) LLC in the states where you invest. The expense is minimal. You will also need to pay a small annual fee for a company in those states to act as your registered agent for service. That is the company upon whom lawsuit papers may be served, the same as serving you, if you are sued. It is a requirement in all states for all foreign entities registered. Unless you register, you will not be allowed access to the courts if you ever need to sue for eviction, etc. If you do not register and wait until you do need to sue (hopefully never, but it does happen) then the registration delays will add extra time to the wait before you can get the tenant out.

@Bruce Lynn, thanks for the shout-out. I do have classes, videos and the authoritative reference book on the subject.  Plus, hello out in Coppell! I went to undergraduate school at University of Dallas, in Irving. I sure miss Dallas, and also Houston, where I practiced law. Been living in Alabama for many years now.

If it is heir property and you can track down AT LEAST one of the heirs and throw them a little cash for a quitclaim, you will become a co-owner. That gives you lots of advantages, including the right to possession. Take the quitclaim title in another name/entity than the tax certificate. That way you are protected if there is a redemption. The problem to be avoided by the two different entities is something called "merger." Sometimes important rights are lost because different types of interests acquired at different times but in the same person/entity, get merged. The merger sometimes causes some rights to drop off. Call me if you want to discuss and flesh out.

Evictions in Alabama are supposed to be fast tracked on the District Court docket. That is the trial court of limited jurisdiction that does not have jury trials.

The only reasons I can think that it might have taken 6 months for a writ is because of the two most common reasons. One: the attorney failed to take a default judgment as soon a he/she was able, 15 days after service. Nail and mail service means you don't even have to actually find the person to serve the lawsuit papers, so delays in service are not an issue.  Two: the tenant answered and denied everything, which forced a trial. Trials are supposed to be set ahead of all other cases, so you should have gotten a trial date in 30 days. Then again, if the tenant asked for a continuance because of any sort of semi-plausible reason, that might add another 30 days. Let's suppose the next time, your attorney has a conflict and asks for another date. That might add another 30 days.  Once you get an order in your favor, that is final and non-appealable after 14 days. Boom, you are ready for your writ.

BUT, Jefferson County is running 4-5 months behind on serving writs. That is the real bottleneck. For Jefferson County, I usually recommend cash for keys if the tenant leaves it broom clean and not severely damaged. People will grab for the cash instead of thinking, "Wait, is this in my best interest? Maybe with the cash savings vs. the cash for keys, it's better if I drag this out for a year and have no rent to pay."  No, they go for the quick cash. Often, return of security deposit and another half month of rent will get it done. It really burns to pay a terminated tenant to move out, but the economics almost always work out better.

Make sure you get a full release from the tenant when they get the cash, you they cannot then turn around and sue you over supposed things YOU did wrong while their landlord.

If a property contains a residential structure, a redeeming party must pay you for the value of any improvements, but only if you gained lawful possession when you made the improvements. 

An ejectment order from a judge is a "for sure" lawful possession. A signed surrender of possession from the owner, or a lease signed with you by the owner, also qualify as "lawful possession." Anything else is risky because the owner could claim that, although the property was vacant and in bad shape, it was not legally abandoned. If not legally abandoned, you are not allowed to do DIY possession. That would be unlawful.

If the residential structure is demolished, then the property no longer contains a residential structure. A redeeming party is not obligated to pay you for the improvements.

In other words, once the building is demolished, you can't do anything. I recommend meeting with city officials and explain your plans. I have found most of them to be very understanding and easy to work with, willing to wait until you can lawfully take possession.

Gabriel, you have my contact info. Call me. I need a lot more info before answering.