We applied for and received two tax deeds on adjoining parcels in Mobile last year and are looking into quieting the titles on them. A little context: the parcels belonged to an elderly gentleman who is now deceased. The taxpayer apparently had one next of kin and died intestate. There has been a finding that a sister is the only heir to his estate which mainly consisted of these properties. We have attempted to contact the heir to obtain a QC deed to no avail. I am now in my second go around with quiet title actions and every time I turn around the rules seem to have changed. The last time it took my other attorney, close to three years to finally close things out (covid contributed).
I got the following note from my new attorney and as I say the opinion he is giving is a new wrinkle to me. Any input is welcomed!!!
Dear Roger:
Normally, a tax deed holder must have had adverse possession of the property for 10 years in order to quiet title. Some attorneys have had success with three years of adverse possession under what is called the “Short Statute of Limitations”. Unfortunately, the short period does not begin to run until “Three years after [the tax purchaser] is entitled to demand a deed”. U.S. Bank Trust v Trimble, (2180742 released November 1, 2019) City Gulf Land Co. v. Buzzelli, 501 So.2d 1211, 1213 (Ala. 1987); see also Austill v. Prescott, (MS 1170709, July 12, 2019). You were not entitled to demand a deed until March 28, 2022. Thus, I am sorry to report that you cannot file a quiet title case until March 28, 2025. I must also caution you that the “Short Statute of Limitations” may be vulnerable to legal attack.
I had not focused on this issue earlier since we had been trying to get a quit claim deed from the only heir.
