All Forum Posts by: Gregory Stanley

Alabama you must be an attorney to draft these documents.  See Alabama Code
§34-3-6.  If you are the buyer and the seller, you could do it for yourself...

In Alabama the law is practiced by whoever, in a representative capacity appears as an advocate or draws papers, pleadings, or documents for another. See Alabama Code §34-3-6(b)(1).  That applies to any legal papers such as wills, deeds, contracts, or any legal documents for anyone else including a company you own.  There is a reason Alabama deeds require the "Deed prepared by" block. But does this really apply to quit claim deeds?

 Alabama Supreme Court decision "Coffee County Abstract & Title Co v. State ex rel Norwood" held "filling out blanks of deeds" is indistinguishable from "drawing or preparing" deeds and the title company was breaking the law.  It went on to hold others guilty for  giving an opinion regarding the effect of the manner of taking title (That means advising someone what a quit claim conveys as opposed to a warranty deed.)

So, can you draft your own deed? Yes, non attorneys can draft their own deeds for their own sales, as long as the deed is not held by a company such as an LLC. But only attorneys can even fill in the blanks of a template deed for anyone other than themselves without breaking the law. But why would you trust someone to draft your deed that isn't a licensed, insured attorney with an office where you can find them if something does go wrong? For me, even if the seller is an attorney, I wouldn't let them draft any conveyance to me or even hold my deed until its been recorded and assessed. But then again, I may take risks, but I never gamble against the house.

Ebony,  I think it may be time for someone to file a suit to force the state to accept and process best price offers on these properties such as the one you are looking at.  Here is what I have seen:  Taxes not paid for 5 years and owner applies to buy them.  When he gets his quote he applies again.  There is always someone in the que, so the state will not entertain a best price offer.  This guy will never have to pay property tax.

If they open your secured property it is not just a civil wrong but a crime.  Once the tax lien holder has lawful possession no one can breach the peace to retake the property.

I quiet titles in Alabama.  Typically ranges from 90 days to three years and $2500 to $5500, depending on the tax property.

Well, I grew up in Baldwin County as well!  You asked about buying site unseen:  There are several folks around the state that will do quick investigations and email buyers pictures of properties.  Once a tax lien is purchased the world is your oyster.  You can rent, sell, flip, rehab, hold, or move in.  Buyers have different investment objectives and there is a strategy for each objective.  My free advice is to ensure you have someone escrow the sale and check provenance of their title; that is, don't send your money to the seller hoping they will send you a valid deed back later. 

If you are buying Alabama Tax Certificates or deeds you can do it safely by paying an attorney to escrow the money and make sure the seller actually owns what they say they are selling you. And you can get an attorney title opinion before you buy much cheaper than a title insurance bond will cost.

Also, you can get great information from the Alabama Tx Lien Association:  www.ATLASS.online

If this isn't allowed, please excuse me.  The Alabama Tax Lien Association is sponsoring a free Conference in May, the day before the Jefferson County Tax Auction.  If you would like more information go to the ATLASS.Online website.

Hi Denise, yes always good to have intelligent discussion, thank you.  When I was in Law School I don't think I could have predicted tax liens would be my sole area of practice, but its good when your hobby is also your occupation I think.

I hear you Denise, but the code says the investor can quiet title concurrent with the foreclosure, which is not possible due to the QT possession requirement.  I doubt these foreclosure/quiet titles prescribed by the new law can stand up to appeal and I doubt any title insurance company will issue on these deeds for two reasons:  1. A fundamental principle of taking another's property for taxes in Alabama is fair notice by adverse possession,  three years of this notice in fact.  Now that is gone for these owners.  2.  This law appears to violate procedural due process on its face.  I believe any quiet title order resulting form this code will be vacated leaving investors and property owners in court again.