Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Tax Liens & Mortgage Notes
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago on . Most recent reply

User Stats

3
Posts
0
Votes
Zoe Eddie
0
Votes |
3
Posts

How do i get complete ownership of tax deed sale i purchased in A

Zoe Eddie
Posted

I recently bought a tax deed and owner is still coming in and out of the property. How do i take complete possession of property..Do i have the right to change locks to property

Most Popular Reply

User Stats

1,589
Posts
1,508
Votes
Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
1,508
Votes |
1,589
Posts
Denise Evans
  • JD, CCIM , Real Estate Broker
  • Tuscaloosa, AL
Replied

@Zoe Eddie, if you have a tax deed you have ownership. What you do not have is safety from somebody being able to redeem, and you do not have the ability to obtain title insurance, borrow money against the property (which requires title insurance) or give a warranty deed when you sell to someone else. For that, you will need a Quiet Title court order, which is issued after a Quiet Title lawsuit. Someone else's advice about an Order of Possession is not the correct answer in Alabama.

Before you can file a Quiet Title lawsuit, you will need a tax deed, and you must have been in exclusive possession of the property for at least three years. You can prove exclusive possession if you rented the property out or used it yourself, or if the owner acknowledged that you were in possession and not him/her. There are other ways, but they are rare. Without that, you will need an ejectment order that legally puts you in possession of the property, and then you will have to wait out the three years to burn off redemption rights.

You will also need to identify all lienholders as of the date of the auction, and send certified mail return receipt notices to them. The notice will advise of the tax sale and provide your contact information. Lienholders will have one year from receipt of your letter to redeem.  You cannot quiet title until those lienholder redemption rights have expired.

Loading replies...