I recently acquired a few tax liens in Alabama via the county tax lien auctions. After browsing this site and several other google searches, I can't get a clear idea of the how to take possession of empty lots and acreage. Everything I purchased was land, no houses or building of any kind. For a couple of the lots, I've already been cutting the grass and keeping them clean for over a year now and intend to keep doing so. Other than keeping the lots cut/clean, post a no trespassing sign with my phone number, and speaking with the neighbors, is there anything else I should do in order to show possession?
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
8y
@BJ Crump, after the recent RioProp decision regarding investors losing all of their rights and all of their money if they do not take exclusive possession within 3 years of the tax deed, it is best to be as conservative as possible with vacant law. Otherwise, the taxpayer could claim that he sometimes was on the land also, which makes your possession only scrambling possession, not exclusive possession. Best to file an ejectment lawsuit with vacant land.
Investor · Mobile, AL · Member since 2013 · 71 posts · 29 votes
8y
I think you are doing enough and I can’t think of anything else. Special with the neighbor seeing you cutting the grass , I know the neighbors be very happy to see you taking care of the land. I had neighbors come up to me and thank me for cleaning up abandon land
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
8y
@BJ Crump, after the recent RioProp decision regarding investors losing all of their rights and all of their money if they do not take exclusive possession within 3 years of the tax deed, it is best to be as conservative as possible with vacant law. Otherwise, the taxpayer could claim that he sometimes was on the land also, which makes your possession only scrambling possession, not exclusive possession. Best to file an ejectment lawsuit with vacant land.
@Denise Evans so if I only have a tax lien certificate at this time from the auction and no deed, does this still apply? Or does this come into play only if I don't take "exclusive possession" once I hit the 3 year mark and start the quiet title process?
Montgomery AL · Member since 2019 · 126 posts · 23 votes
7y
@BJ Crump did you file the éjectment lawsuit? What were your following steps with the vacant lots since last year.
I’m looking at vacant lots held by the state where I’m 1st in line for a price request for the tax deed since it’s been over 3 yrs. and would like to know others’ strategies.
@BJ Crump, after the recent RioProp decision regarding investors losing all of their rights and all of their money if they do not take exclusive possession within 3 years of the tax deed, it is best to be as conservative as possible with vacant law. Otherwise, the taxpayer could claim that he sometimes was on the land also, which makes your possession only scrambling possession, not exclusive possession. Best to file an ejectment lawsuit with vacant land.
Hi Denise,
In this scenario, would it be best to send a written notice to the owner first and then file an ejectment if the owner doesn't respond after 6 mos? If so, what kind of verbiage should the written notice contain? If the land has a mortgage, would you send the same notice to the lender as well so that the redemption clock starts at the same time?
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
4y
You do not need written notice and a 6-month delay if you have a tax deed. Aside from that, there are other tactical reasons to wait until you have a tax deed before filing ejectment. No particular language in notice, if you send one. Anything that advises of the tax sale, the investor's name and contact information, and demands (NOT "requests") the person surrender possession to the investor. A different notice goes to lienholders. It does not need the demand for possession. It MUST be sent by CMRRR.