Just found out that a tax deed property initially had the warranty deed in a 15 year old's name in 2012. Property taxes were paid by the father (who lives in this same home that we have the tax deed) until the 15 year old turned 19 and no further taxes paid. Can the son come back and say he was never aware of the deed being in his name and the tax sale then be voided? Father and son have the same name, one is Sr and son is Jr.
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
7mo
@Micki Ray Harper, I can't speak to Alabama specifically but I can give a few general thoughts:
1. As part of the tax sale process they should have tried to notify the owner. That may entail notices posted at the property, advertising the tax sale publicly, and/or personally serving them with a notice. So, likely they were aware of the sale.
2. Usually you can actually check the record of what steps they took to notified interested parties about the tax sale. These details come into play when it comes to any potential title issues with the property. So, if you were having a title search done, they would investigate and review those things to see that they were done correctly.
3. Tax sales are a VERY VERY messy process. There are SOOO many small errors that can be made or unique situations that can affect the title that title insurers often will not insure the property for at least 1 year after the sale is complete.
4. If you are concerned about someone's potential interest in the property speak with a lawyer about initiating a quiet title action. Basically they advertise a hearing and if anyone has an interest in the property they can come forward, otherwise the judge settles everything once and for all.
5. There is a general concept in the law that says that people only have the rights to property that they work to protect. So, the owner needs to be proactive in protecting their own rights. Not knowing they owned the property isn't an excuse.
This concept is why the often cited "Adverse Possession" concept exists where if someone uses property openly without permission they can eventually file to take ownership because the previous owner wasn't protecting their rights to it.
Proper notice is always the issue in challenges to Tax Sales. If the notice went to SR and JR is the owner, that notice is faulty. We had a case where a property was owned by husband and wife, and certified mail was sent individually to the husband and wife separately, as the law requires. The mail carrier came to the door and the wife said the husband was not home and she would sign for him. (that's not proper procedure). It went to court and she testified under oath that she did sign for the certified and NEVER told her husband about the sale of their personal residence. The judge ruled that the notice was improper and the tax sale was voided. To answer your question yes notice is faulty. You could approach JR to sign a Quit Claim Deed and validate your Tax Deed.
Thank you David for your response. My gut tells me something is off on this one. I am trying to get in touch with Jr to speak with him about it. Hope you have an amazing day!