Does previous owners family have legal standing?

Mobile, Alabama
Tax Liens & Mortgage Notes
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Does previous owners family have legal standing?

Sam Shinn
Rental Property Investor · Mobile, AL (Mobile) · Member since 2019 · 23 posts · 5 votes

Hi BP, I'm seeking opinions not legal advice on how to proceed:

I purchases a tax lien and had a deed issued in 2022. In 2023 I filed an ejectment suit. I named 2 previous owners in the ejectment suit. I was notified by the courts that one owner was deceased. I was recently contacted by relatives stating the last owner is also deceased which happened recently within the last 90 days. So both previous owners named in suit are deceased. 

This is the current issue before me: 

Relatives are now claiming the home belongs to them and have had an attorney reach out to me stating they will be filing something in probate court concerning the will but nothing has come about that in the last 30 days. Ejecment suit filed in 4/2023. Attorney contacted me a week later saying they would redeem home and mentioned he would file in probate but has not filed anything yet. 

A deed has been issued to me. 

What are my options? Home was deliquient on taxes since 2017. I purchased the tax lien in 2019. Received deed in 2022. Filed ejectment in 2023. Previous owner died in 2023. No attempts by any relatives to redeem at all. 

Previous owner lived in home up until death, now children are basically saying home belongs to them. 

I will answer as many questions as I can. Tax sale is not considered void. 

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Harvey LevinPro Member
Property Manager · Indianapolis, IN · Member since 2012 · 205 posts · 157 votes
3y

Check With the attorney who provided the quiet tile or the title company that took care of your certificate. Without having the facts it sounds like there was not proper notice to the estate. 

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  • Harvey LevinPro Member
    Property Manager · Indianapolis, IN · Member since 2012 · 205 posts · 157 votes
    3y
    Quote from @Sam Shinn:

    Hi BP, I'm seeking opinions not legal advice on how to proceed:

    I purchases a tax lien and had a deed issued in 2022. In 2023 I filed an ejectment suit. I named 2 previous owners in the ejectment suit. I was notified by the courts that one owner was deceased. I was recently contacted by relatives stating the last owner is also deceased which happened recently within the last 90 days. So both previous owners named in suit are deceased. 

    This is the current issue before me: 

    Relatives are now claiming the home belongs to them and have had an attorney reach out to me stating they will be filing something in probate court concerning the will but nothing has come about that in the last 30 days. Ejecment suit filed in 4/2023. Attorney contacted me a week later saying they would redeem home and mentioned he would file in probate but has not filed anything yet. 

    A deed has been issued to me. 

    What are my options? Home was deliquient on taxes since 2017. I purchased the tax lien in 2019. Received deed in 2022. Filed ejectment in 2023. Previous owner died in 2023. No attempts by any relatives to redeem at all. 

    Previous owner lived in home up until death, now children are basically saying home belongs to them. 

    I will answer as many questions as I can. Tax sale is not considered void. 


    0Reply
  • Harvey LevinPro Member
    Property Manager · Indianapolis, IN · Member since 2012 · 205 posts · 157 votes
    3y

    Check With the attorney who provided the quiet tile or the title company that took care of your certificate. Without having the facts it sounds like there was not proper notice to the estate. 

    1Reply
  • Allan Smith
    Contractor · Nashville, TN · Member since 2014 · 1k+ posts · 1k+ votes
    3y

    If you don't have a warranty deed with title insurance you'll have to play ball with these guys. They could be right. Get an attorney to look at it. Use the attorney at the title office you like best.

    1Reply
  • Sam Shinn
    OP
    Rental Property Investor · Mobile, AL (Mobile) · Member since 2019 · 23 posts · 5 votes
    3y
    Quote from @Harvey Levin:

    Check With the attorney who provided the quiet tile or the title company that took care of your certificate. Without having the facts it sounds like there was not proper notice to the estate. 


     Does it matter if the deed was issued before owner passed? There was no estate to notify, the owner knew home had been sold in tax sale. 

    0Reply
  • Sam Shinn
    OP
    Rental Property Investor · Mobile, AL (Mobile) · Member since 2019 · 23 posts · 5 votes
    3y
    Quote from @Allan Smith:

    If you don't have a warranty deed with title insurance you'll have to play ball with these guys. They could be right. Get an attorney to look at it. Use the attorney at the title office you like best.


     I'm confused, before she passed she knew property had been sold in tax sale and did not redeem thus a deed was issued. Now children can claim after death they didn't know? Only came forth because ejectment notice was left at door. 

    0Reply
  • Harvey LevinPro Member
    Property Manager · Indianapolis, IN · Member since 2012 · 205 posts · 157 votes
    3y
    Quote from @Sam Shinn:
    Quote from @Allan Smith:

    If you don't have a warranty deed with title insurance you'll have to play ball with these guys. They could be right. Get an attorney to look at it. Use the attorney at the title office you like best.


     I'm confused, before she passed she knew property had been sold in tax sale and did not redeem thus a deed was issued. Now children can claim after death they didn't know? Only came forth because ejectment notice was left at door. 

    It might depend on if owner died prior to the redemption period was over and possibly if prior to your quite title action 
    0Reply
  • Anastasia Jordan
    Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    3y

    Heirs have redemption rights. 

    0Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y
    Quote from @Sam Shinn:

    Hi BP, I'm seeking opinions not legal advice on how to proceed:

    I purchases a tax lien and had a deed issued in 2022. In 2023 I filed an ejectment suit. I named 2 previous owners in the ejectment suit. I was notified by the courts that one owner was deceased. I was recently contacted by relatives stating the last owner is also deceased which happened recently within the last 90 days. So both previous owners named in suit are deceased. 

    This is the current issue before me: 

    Relatives are now claiming the home belongs to them and have had an attorney reach out to me stating they will be filing something in probate court concerning the will but nothing has come about that in the last 30 days. Ejecment suit filed in 4/2023. Attorney contacted me a week later saying they would redeem home and mentioned he would file in probate but has not filed anything yet. 

    A deed has been issued to me. 

    What are my options? Home was deliquient on taxes since 2017. I purchased the tax lien in 2019. Received deed in 2022. Filed ejectment in 2023. Previous owner died in 2023. No attempts by any relatives to redeem at all. 

    Previous owner lived in home up until death, now children are basically saying home belongs to them. 

    I will answer as many questions as I can. Tax sale is not considered void. 


     What is your attorney telling you? Did you use an attorney in this instance?

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  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    3y
    This is a very technical situation and Chris is right you need to speak to an attorney familiar with AL tax sale. 
    0Reply
  • Will Sifert
    Investor · Covington, LA · Member since 2012 · 517 posts · 317 votes
    3y
    Definitely consult with a local attorney.  
    Generally speaking, the date you take ownership, (judgment, issued a deed, foreclosure, etc... different from state to state) that is the date that matters. If you properly notified the owner prior to that date and then they died after you took ownership, then you do not have to deal with their heirs. If they died before the date you took ownership, then yes you would have to deal with their heirs. You need to determine a good time line.
    Lack of proper notice can be a big issue, a local attorney can let you know exactly where you stand.
    0Reply
  • Thomas Kramer
    Mobile, AL · Member since 2019 · 24 posts · 2 votes
    2y

    No, it doesn't. If the owner passed before the the property was sold at tax sale, then the tax sale is void.

    Heirs have the right to redeem. What happend with the ejectment? Did the family redeem the property?

    0Reply
  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    2y

    Don’t you guys understand what the OP is asking? She doesn’t want an attorney, instead she wants the opinion of people who have no clue as to what the answer is! 

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y
    Quote from @Don Konipol:

    Don’t you guys understand what the OP is asking? She doesn’t want an attorney, instead she wants the opinion of people who have no clue as to what the answer is! 


     I am curious how this turned out. 

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