All Forum Posts by: Denise Evans

Technically, Bryant, Alabama is not a disclosure state. Because there is no duty to disclose unless there is a fiduciary relationship, the only fraud is if someone makes a misstatement of a material fact upon which someone reasonably relies to their detriment.  Most tax sale property resales do not fall within that definition.

Even if there were a misstatement as to outstanding redemption rights, that is not a fact but a legal opinion, so it does not fall within the definition of fraud.

You are absolutely right, and everyone should consider the dangers and your warning. BUT, before making a blanket condemnation of all wholesalers (I am not a wholesaler or connected with any of them) please consider the following points:

1. Yes, they obtain price quotes from the State and then resell their positions, basically. Can you do that yourself? Of course. BUT the pipeline is very long and very full, and you might not get a response to your price request for a year or two.

2. Some wholesalers have a pricing policy of $1,250 over redemption price for a tax certificate and $2,500 over redemption price for a tax deed. Depending on the property, that might be an acceptable amount of risk for a really cheap property. As real estate investors, we all have to balance risk vs. reward every day, all day long. This is nothing new.  Even with a price tag $5,000 or $10,000 over redemption price, if you know that going in and think the likelihood of redemption is extremely low, that might be an acceptable risk.  One must have enough knowledge to evaluate risk.  Your post will hopefully help people with that warning to gain more knowledge.

I agree, @Nathan Gesner, but that protects the new prospective landlord, not the one giving the bad reference.

Often a $25 gift card per tenant who executes one does the trick, as long as you have a disclaimer that if the certificate shows a problem, they still get the $25.

Arnold, lot rates depend on the market. You'll have to research the area to see where the market is.  There might be sewer all around but no hookup to that property, which might have been on a septic tank since before sewer was out there. If you can hookup, that is good, but usually there is a high fee to do that.

Plus, if it is relatively congested, what is the dirt worth for redevelopment? What is the zoning? Can it be changed to a more intensive use?

Coincidentally, my Multi-Housing News feed just send me notice of an article today about investing in manufactured housing.  I don't think BP lets me put external links in a post, but if you do a search on multi-housing news +manufactured +2023 I bet it will take you right to the article.

1. It is relatively easy to seize abandoned mobile homes under Alabama law.

2. Mobile home lots generally have the best cash on cash returns of any investment, but they are usually also the most management intensive.

3. Do you have sanitary sewer or septic tank?  If septic tank, you must check local health dept regs for how many mobile homes allowed on each septic tank. The last time I checked, it was a maximum of 4.  It might have changed. Also, check into what has grandfathered and what not. If regs have gotten more strict, a failed system might be very expensive to replace because then you will be on new regs. Tenants are VERY VERY VERY hard on septic tanks. They never follow the rules about what they put down the drain, about not doing 18 loads of wash in one day, and about not parking on top of the field lines.  Count on pumping out the septic tanks at least once a year, just to be safe.

4. What are the roads like? Are they concrete or crushed stone or chert or what?  Are  you set up to constantly ditch and crown the roads? Which brings up another point, where does the water go? Have you observed runoff patterns while it is pouring down rain?

I'm a commercial broker in Tuscaloosa. I can help. Contact me.  Denise

You are allowed to take possession with a certificate. You must take it lawfully, however. That means

1.  The owner gave you permission such as signing something turning possession over to you, or signing a lease with you. OR

2. You obtain an ejectment order from a court after filing an ejectment lawsuit against the owner. They can redeem in that lawsuit, but they have to pay your legal fees. OR

3. The property is LEGALLY abandoned, meaning the owner has departed and has no intention of every coming back, ever redeeming, every selling the property.  If the owner is dead, it is their heirs who must have that intention. A property that is vacant and has been vacant for  along time and is in really bad shape is not, all by itself, abandoned.

It depends on what kind of policy you purchased. The contract controls what your rights are. I think most people with agents get the replacement cost coverage. If you have replacement cost but you decline to replace, then they write you a check for only the actual cash value. If you DIY the replacement but submit proof (photos) the work was done and completed, most will pay you the replacement cost established by the adjuster. Some will not. Ask your agent. If you purchased online and don't have an agent, ask the help desk.