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All Forum Posts by: Tiarai Fields

Tiarai Fields has started 0 posts and replied 10 times.

Post: Judicial Foreclosure of Alabama tax lien (the new system)

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Hello again @Denise Evans! I have a few follow up questions after reading your post that I'm hoping you could help answer: 

1. How does this new law impact lienholder redemption rights (where they have that additional one year from receipt of the letter to redeem) and the judicial redemption rights of the owner, where they have 3 years after the certificate holder takes possession? 

2.Are we no longer allowed to take possession under the new law? I have a 2019 tax certificate that is past that 4 year redemption period under this new law, could I attempt a tax lien foreclosure ? 

3. Under this new law,  how are redemptions handled? Previously I know past the 3 year mark, they were handled between the owner and certificate holder. I read under the new law that "Any person with a right to redeem the property may do so at any time prior to the entry of final judgment in the proposed action, either by payment to the tax collecting official as provided by law before an action is commenced, or by filing a timely answer or motion in the court after an action has been commenced." 

4. Do you need a real estate attorney to initiate a tax lien foreclosure? if so, about how much does that cost to initiate (ballpark)? 

Post: Tax Lien Rights

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Got it, thx!!

Post: Tax Lien Rights

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4
Quote from @Denise Evans:

@Kristine Ann, even under the "older" system in Alabama, winning bidders do not get a quitclaim deed. They get a tax certificate and ONE of the "sticks" in the "bundle of rights" that belongs to the owner. The winning bidder gets the right to possession, but usually cannot exercise DIY possession. Instead, it usually requires voluntary surrender by the owner, or a successful ejectment lawsuit suit. Three years later the investor will surrender their certificate to the Probate Judge, pay a $5 fee, and obtain a tax deed. Even after that, there might still be redemption rights in former owners (or heirs) and lien holders.

PS--DO NOT ask county personnel for legal advice. They are not allowed to give it. Often they do it anyway, but are usually wrong. Rely on industry acknowledged experts for advice. In Alabama, the rules are complicated and subtl 

Hi @Denise Evans If I don't turn in my tax certificate for the tax deed after the three year period is up is my certificate voided? What if annual tax payments were made to keep it from going back to auction?

Post: Alabama Tax Sale Redemption Rights

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Thank you! 😊 

Post: Alabama Tax Sale Redemption Rights

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Hi @Denise Evans you might’ve already answered this question in previous posts, please forgive me for asking if that is the case. Can you explain what happens if a lienholder does not exercise their redemption rights after the three year administrative redemption has passed and they did not redeem within one year from written notice? Conversely, if they do redeem within one year of receiving written notice, how do I instruct them to redeem? (through redemption office, request of XYZ documentation/form etc) ? 

Similar to question the above, how is this done with the owner who would like to redeem under the judicial period and after I’ve taken possession? Is this a process that must be done in court or can it be done outside of court?

Callouts: I am still in possession of the tax certificate and am holding out on applying for the tax deed due to the IRS being one of the lien holders. 

Thanks so much! 

Post: Vacant Land Tax Lien Possession in Alabama

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4
Quote from @Denise Evans:

@BJ Crump, after the recent RioProp decision regarding investors losing all of their rights and all of their money if they do not take exclusive possession within 3 years of the tax deed, it is best to be as conservative as possible with vacant law. Otherwise, the taxpayer could claim that he sometimes was on the land also, which makes your possession only scrambling possession, not exclusive possession.  Best to file an ejectment lawsuit with vacant land.

Hi Denise,

In this scenario, would it be best to send a written notice to the owner first and then file an ejectment if the owner doesn't respond after 6 mos? If so, what kind of verbiage should the written notice contain? If the land has a mortgage, would you send the same notice to the lender as well so that the redemption clock starts at the same time?

Post: Where can I get an Alabama Tax Delinquent List?

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

@Denise Evans Thank you!!

Post: Where can I get an Alabama Tax Delinquent List?

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

@Robert Sims thank you so much for this information. I will check it out. Also, I have been in contact with Denise, she is awesome! Happy Holidays!

Post: Where can I get an Alabama Tax Delinquent List?

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Hi @Robert Sims can you please give any advice/suggestions on decoding the tax delinquent list to find addresses? Thanks!

Post: Greetings from the Rocket City (Huntsville, AL) !

Tiarai FieldsPosted
  • Rental Property Investor
  • Huntsville, AL
  • Posts 11
  • Votes 4

Hi @Michael Balducci! I live in Huntsville as well! It’s nice to meet you. Let me know if you ever want to do a group meetup and we can connect and share knowledge!