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Christine Garnier
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Tax Lien Foreclosure Action vs Quitclaim Deed

Posted

I bought several tax liens at Alabama auction and I understand that the process to get the title is to file a tax foreclosure action which, based on what the attorney Gregory Stanley is saying and unlike what many articles are mentioning, is a judicial process. So my questions are: 

Is it possible to avoid the foreclosure action at the end of the three years period, by continuing paying the taxes?

Would it  be legal to take over the property, without the foreclosure action?

Would it be legal to sign a quitclaim deed for the property in question, after the three years period and transfer the interests without the foreclosure action?

The reason why I am thinking out of the box is because Alabama tax sales department is a disaster. We bought a deed on April 2sd and we are still waiting for the deed. We submitted 60 different requests to purchase an OTC deeds or certificates early January 2023 and we never received a single quote. Clearly, they are understaffed and for investors, the process is unacceptable. So in order to avoid wasting time, I am thinking outside the box.

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Ned Carey
  • Investor
  • Baltimore, MD
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Ned Carey
  • Investor
  • Baltimore, MD
ModeratorReplied

@Christine Garnier I can't speak specifically to AL tax sales. @Denise Evans is the expert here. 

Barring some obscure and clearly unconstitutional law in AL you can always buy the property from the owner. I wouldn't choose a quit claim deed to do so but you certainly can. Keep in mind a quit claim deed does not necessarily give you clear title and all liens and mortgages would still be attached. 

If you are asking if YOU can quit claim the deed to yourself, yes but that would transfer no ownership rights. 

  • Ned Carey
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