Alabama Tax Lien Investing: Gap Years

Alabama Tax Lien Investing: Gap Years

JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes

Under the newer (and county-optional) tax lien auction procedure, investors bid down the interest rate they are willing to accept if there is a redemption. Bidding starts at 12% per year. Currently an investor must own all of the outstanding tax liens since the first auction, and it must be four years since the first auction, before it can foreclose the liens to obtain the property.  That waiting time will probably be shortened in the future.

The winning bidder at the most recent auction has the right of first refusal to buy later years' liens at the same redemption rate.  What happens if John bought the 2020 lien at the 2021 auction, and Sally bought the 2021 through 2023 liens at each auction? Now, nobody has all of the liens. Nobody can foreclose.

The problem was fixed in the 2024 amendments. Suppose Sally exercises her right of first refusal at the 2025 auction to buy the 2024 lien, in the amount of $1,500. The county tax collection official will add to that purchase price the full redemption amount for John's 2020 lien. Let's suppose that number adds up to $2,220. That will be added to Sally's purchase price for a total due of $3,720.  The county will send John a check for $2,220. Sally will now own the 2020 lien, plus the later liens. At that point, Sally will own all of the liens and will be able to foreclose.

Not a lot of people know about the law change. If you are Sally, this is useful to you. If you are a third party and Sally is paralyzed, thinking she can't foreclose, you can buy her out and exercise her right of first refusal (and acquisition of the 2020 lien) and you can foreclose. If you are John, and the anchor preventing Sally from foreclosing, you might be able to buy her out cheaply if she doesn't know about the law change. Then you, John, can foreclose.

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  • Member since 2024 · 16 posts · 1 vote
    2y

    What if the lien was transferred into your name? The first investor purchased back 2020 she transferred the lien certificate to me. What now? 

  • Member since 2023 · 2 posts · 0 votes
    2y

    Great Info!

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    2y

    @Jocelyn Bernstein, if the John person (the earlier tax lien purchaser) transferred his rights to you, Sally, (the later tax lien purchaser) then you are good to go. Just make sure that transferr gets recorded with the tax assessor's office. No further action required on your part.

  • Member since 2024 · 16 posts · 1 vote
    2y
    Quote from @Denise Evans:

    @Jocelyn Bernstein, if the John person (the earlier tax lien purchaser) transferred his rights to you, Sally, (the later tax lien purchaser) then you are good to go. Just make sure that transferr gets recorded with the tax assessor's office. No further action required on your part.

    Thank goodness Denise! I appreciate your response! 
  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    2y

    You're welcome, @Jocelyn Bernstein

  • Investor · Mobile, AL · Member since 2013 · 71 posts · 29 votes
    2y

    Hello Mrs Evan. Will Sally have to buy John 2020 lien or will it be an option?  If she don’t buy John 2020 will she be able to use her first right refusal to obtain 2024?  Thank you for all you do

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    2y

    its mandatory

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