Tax Lien Basics (Alabama)

Tax Lien Basics (Alabama)

Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes

Hello Fellow Investors!

Just thought I would take this opportunity to share with you some additional basics that I have learned within my short venture into investing with Tax Liens.

My state (Alabama) currently has a 3 year redemption timeframe and pays approximately 12% per year.

Ok, I assume you know the foundation on how to find listings and researching the properties etc.

My discussion will begin with what happens after you purchase your Tax Liens.

Firstly, be aware that most Tax Liens will be redeemed approximately 90% are repaid within the first year.

Secondly, after the sale the previous owners are usually notified that their property has been sold and outline their rights of redeeming the Lien without additional consideration (aka cost paid to you the purchaser) if made normally within 10 days of notice.

Thirdly, the annual percentage rate will only begin after you have held the Lien after 30 days; therefore you will receive only the original cost you paid on the Tax Lien; no more, no less.

Lastly, you are not the homeowner just a Lien Holder therefore no keys, no access to the property, no look through so etc.  It is important to remember this prior to considering investing in these instruments.

I will be periodically, provide you with updates in my personal journey into this arena and all information is specific to my locale and view-point.  As always, please remember to research and seek profession counsel..the money you save and grief you save is truly your own.

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Rockford, MN · Member since 2017 · 87 posts · 31 votes
8y
Originally posted by @La Ferria T.:

Lastly, you are not the homeowner just a Lien Holder therefore no keys, no access to the property, no look through so etc.  It is important to remember this prior to considering investing in these instruments.

This is incorrect advice.
Please see Alabama Code Section 40-10-174 


“Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall be entitled to possession of said lands immediately upon receipt of certificate of sale from the tax collector”

Keep in mind this does not mean that you can just go and kick the people out of there house.  It really is not this simple. 



As well - for redemption periods please see the following post.
Alabama Tax Sale Redemption Rights, Denise Evans post.

For those interested in this, please see  post from the market place. (I myself am very happy with this purchase) 

See this reply in the discussion

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  • Investor · Mobile, AL · Member since 2017 · 1 post · 0 votes
    8y

    Hi. I realize your post is 2 years old but I would love to hear more about your experience with tax liens. I had a friend ask me about this today and I only have a surface knowledge of how this works.

    Hope you doing well.

    Thanks!

  • Mobile, AL · Member since 2018 · 25 posts · 6 votes
    8y

    @La Ferria T.

    I second the previous post. I'd like to hear more about your journey into the tax liens of Alabama! 

  • Rockford, MN · Member since 2017 · 87 posts · 31 votes
    8y
    Originally posted by @La Ferria T.:

    Lastly, you are not the homeowner just a Lien Holder therefore no keys, no access to the property, no look through so etc.  It is important to remember this prior to considering investing in these instruments.

    This is incorrect advice.
    Please see Alabama Code Section 40-10-174 


    “Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall be entitled to possession of said lands immediately upon receipt of certificate of sale from the tax collector”

    Keep in mind this does not mean that you can just go and kick the people out of there house.  It really is not this simple. 



    As well - for redemption periods please see the following post.
    Alabama Tax Sale Redemption Rights, Denise Evans post.

    For those interested in this, please see  post from the market place. (I myself am very happy with this purchase) 

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    8y

    @La Ferria T., @Rich Preston, @Cody Noblin, Alabama tax sale investors are entitled to take possession of property as soon as they receive their tax certificate, usually 5-15 days after the auction. Read the article linked in a prior post about redemption rights. Interest accrues from the date of the auction until redeemed.  If the property contains a residential structure and you make repairs, the redemption price tag includes the amount by which you increased the value of the property.  Alabama Tax Sale Investing is a GREAT investment strategy.

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    8y
    Originally posted by @Denise Evans:

    @La Ferria T., @Rich Preston, @Cody Noblin, Alabama tax sale investors are entitled to take possession of property as soon as they receive their tax certificate, usually 5-15 days after the auction. Read the article linked in a prior post about redemption rights. Interest accrues from the date of the auction until redeemed.  If the property contains a residential structure and you make repairs, the redemption price tag includes the amount by which you increased the value of the property.  Alabama Tax Sale Investing is a GREAT investment strategy.

     Hey my team was given a property in May that was behind on taxes and some purchased the tax cert in June. We still need to record the transfer, but what are the steps as an owner to redeem and get the property completely clear? We want to sell it.

  • Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes
    8y

    thanks for the additional insight  Shimira Greene

  • Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes
    8y

    I spoke with an attorney that confirm that I can not take immediate possession if for no other fact that the individual has up to three years for redemption.  In addition, two of my properties were owner occupied.  

  • Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes
    8y

    It’s important to note that you “Do Not” a tax certificate immediately

  • Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes
    8y

    Let me clarify this you will not receive the Tax Certificate immediately, therefore you do not have any rights to ownership nor possession.

  • Real Estate Investor · Decatur, AL · Member since 2015 · 16 posts · 6 votes
    8y

    Clarification on this post firstly the property has owner occupied, secondly I did not have possession of the Tax Certificate because it had not been issued to me.

  • Flipper/Rehabber · Charlotte, NC · Member since 2016 · 8 posts · 3 votes
    8y

    I  myself is getting ready to put a property under contract. The home owner is letting it go.no longer reside at the property and it is in default. 

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    8y

    I takes less than 14 days to obtain the tax cert (most counties). You do have legal right to immediate possession with a tax cert.

    @Denise Evans has this changed this year?

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    8y

    @La Ferria, @Shimira Greene, the law has not changed. La Ferria was given wrong advice by an attorney. That is VERY COMMON in this area. This is a true boutique law area, and most lawyers should just have the grace to say they don't know, instead of shooting from the hip and giving out wrong advice.  You are entitled to possession as soon as you receive the tax certificate.  If the property is not abandoned, you must given written notice to vacate and wait six months, and then you are specifically allowed to file an ejectment lawsuit. If they redeem during the ejectment lawsuit, you are entitled to be paid your legal fees as part of the redemption costs. Every lawyer who knows tax sales law knows this, right off the top of their heads.  They don't have to look it up. To test if your lawyer knows anything about tax sales, always ask a test question.  A good example is, "After I get my tax certificate, when can I file an ejectment lawsuit against the owner?"  They either know the answer or they don't.  If they don't, then they don't know any of the rest of the law you should know, either. Find another attorney. This area of the law is very complicated to try to pick up on your own.  It's pretty easy if someone explains it, but figuring it all out requires reading the entire section of the Code many times, plus hundreds of appellate decisions, plus just thinking about how it all fits together.

    As for the law changing, to my knowledge only Baldwin, Shelby, Calhoun and Cullman counties will be doing the new lien auction process in 2019.  I'll be interviewing Shelby County Revenue Commissioner Don Armstrong next week about how it will all work, and will podcast it.  For those counties, you will have only a lien, that you can foreclose in 3 years and get good title. You will not be entitled to possession for the 2019 purchases in those counties.

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    8y

    Looking forward to the podcast and so excited for you! Has interest rate change and how does that effect current cert/deed holders?

  • Member since 2019 · 25 posts · 0 votes
    6y

    @Denise Evans Hi. So, I bought a tax lien from the state and received the certificate in the mail today. The property is a vacant lot in an opportunity zone. So, is my next step to wait 6 months and then send an ejection notice? Or can I start building/developing on the land now since it's in one of Alabama's designated opportunity zones? Thanks for any advice!

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    6y
  • Investor · Mobile, AL · Member since 2016 · 71 posts · 16 votes
    6y

    @Shimira Greene can I message you a question please.

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    6y

    @Ahmad Moore feel free to!

  • Investor · Mobile, AL · Member since 2016 · 71 posts · 16 votes
    6y

    Thanks 🙏 

  • Member since 2020 · 2 posts · 1 vote
    6y

    @Denise Evans I will purchase a vacant tax certificate property  from a wholeseller tomorrow. Can I take possession and start doing renovation immediately? Please give me an advice 

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    6y

    @Binh Nguyen Yes you can, if it is vacant. That is a good way to take possession of the property. I would not go full into a renovation though with a tax certificate as you will only be covered (legally allowed to recoup and charge interest) on property preservations that you make. All else was charity until you get a title. @Denise Evans can correct/update me on areas that might have changed or if I'm mistaken.

  • Member since 2020 · 2 posts · 1 vote
    6y

    Thank you 

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    6y

    @Binh Nguyen @Shimira Greene  You cannot legally take DIY possession (without an ejectment order from a court) unless the property has been legally abandoned.  It's a little bit tricky. Vacant does not always equal legally abandoned, even if the property has been vacant for a long time and has significant deferred maintenance. I have some videos on this topic. Vacant does not mean legally abandoned.  You have to be very careful.  I also have some blog posts and articles about making improvements and what is compensable.

    You also need to be careful about Alabama appellate court decisions in the cases of Equivest and Rioprop, which can contain traps that will come back and bite you and result in you not being paid anything at all but the former owner gets the property back, or being paid only for taxes and interest (but no improvements) and the former owner gets the property back.

  • Investor · Opelika, AL · Member since 2015 · 108 posts · 15 votes
    6y

    @Denise Evans so investors should no longer do property perservations on tax certificate properties? How can an investor take possession or show/prove that I have? Is that still an option with the first 3 years after the initial tax sale? And I'm assuming it still take 3 years to convert a cert to a deed. 

  • JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
    6y

    @Shimira Greene, aside from lawful/legal possession issues, things are a little scary right now after the Equivest decision. We are hoping they will change their minds, or at least clarify a path of safety.

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