AL Tax Sales: DIY Possession & City Citations
Montgomery AL · Member since 2019 · 126 posts · 23 votes
As we already know: Alabama Tax sales allow immediate possession upon demand - but when the demand is not met within 6 months of tax Certificate purchase (with demand), then the tax purchaser must file ejectment. Illegal or DIY possession is a varied topic on BP but no discussion around tax purchasers getting cited by the city inspectors for issues with the property.
any AL tax sale investor open to share their experience with receiving citations in their name where the citation is around structure repair or even internal house issues where DIY possession is inevitable and the owner is requesting redemption.
1. did you diy possess the property to clear the citation
2. If owner redeemed were there issues with getting any money spent to clear the citation
3. Was a lawsuit filed for diy possession.
Feel free to share any scenarios beyond what I listed.
it seems this Citation topic is not really discussed or It may be an oversight on my part.
Looking forward to learning everyone's expereince.
@Tai Bhattad I bought a property from the state in 2019 and received a certificate (2018 tax sale). The property is vacant, but not abandoned and I didn't engage in DIY possession. I sent notice to the owner, they never responded (certified mail was returned, regular mail didn't come back).
Last November, the City of Mobile sent me a letter and I was notified about several code violations: litter and trash, high grass and weeds, fence. I called the municipal enforcement officer and explained the situation (tax sale, can't go on property and repair the fence). I told him that I will go over there the next weekend to clean up, cut grass on the parts of the property that are publicly accessible (street and sidewalk). I also told him that I had about 7 months left until I can get a tax deed and start the ejectment process, take possession. He was very supportive and I notified him after I finished.
It took me 3 days on different weekends to clean up the sidewalk and I talked to several people while I was there. Still didn't hear anything from the owner, the administrative redemption period expires in a week.
@Tai Bhattad I bought a property from the state in 2019 and received a certificate (2018 tax sale). The property is vacant, but not abandoned and I didn't engage in DIY possession. I sent notice to the owner, they never responded (certified mail was returned, regular mail didn't come back).
Last November, the City of Mobile sent me a letter and I was notified about several code violations: litter and trash, high grass and weeds, fence. I called the municipal enforcement officer and explained the situation (tax sale, can't go on property and repair the fence). I told him that I will go over there the next weekend to clean up, cut grass on the parts of the property that are publicly accessible (street and sidewalk). I also told him that I had about 7 months left until I can get a tax deed and start the ejectment process, take possession. He was very supportive and I notified him after I finished.
It took me 3 days on different weekends to clean up the sidewalk and I talked to several people while I was there. Still didn't hear anything from the owner, the administrative redemption period expires in a week.
Interested in knowing if the owner redeems before you file ejectment (in tax cert period) will you get back any cost incurred to close the citations?
we’re planning to file Ejectment on a couple tax certificates from 2018; although it’s been long past 6 months since we demanded possession. They convert to a tax deed in a year & they’re in urban development areas, but I want to ensure I get my $$ back from curing the citations if they decide to redeem before the tax deed.
**It was only so much lead way the enforcement officer would allow considering the damage/abandonment and neighbor complaints.
@Tai Bhattad I haven't spend any money, yet. I did the cleanup/grass cutting myself and the city didn't ask for any payments. I'm not sure if expenses for a citation (or to fix the problem) will be considered "value of preservation improvements". I would asume they're not, just to be safe.
@Tai Bhattad I haven't spend any money, yet. I did the cleanup/grass cutting myself and the city didn't ask for any payments. I'm not sure if expenses for a citation (or to fix the problem) will be considered "value of preservation improvements". I would asume they're not, just to be safe.
If I miss a couple weeks of lawn care I get a citation; hence lawn care recurring bi-weekly for 2 yrs ... the cost adds up and very well is considered preservation improvement (per Denise Evans). Now consider multiple properties... the cost really adds up and no you wouldn’t pay the city until they put a lien to clear it themselves. I pay in US dollars to keep the lawn in order hence I’m expecting my money back whether I file ejection or not in the event they redeem.
1. I told an owner to clear the citations for one property every time I’d get a citation & they assured me they would... no go. Then I sent them invoices each month after I cleared it & they would pay the invoices upon receipt until they finally redeemed (during tax cert phase).
2. another owner asked for my invoices for each citation and stated they were redeeming; 2yrs in and no invoice payment & no redemption. I withheld filing Ejectment thinking they would redeem but I’m moving forward with ejectment and claiming for invoices in hopes of a default judgment... to start the major repairs
I’ll see how this plays out during the answer to the Ejectment.
Also to note there are projects we are working on that requires no open property citations linked to our name/entity hence the push to close the citations.
@Tai Bhattad I guess I'm lucky the city waited so long. The property already looked bad when I bought it, 18 months before they contacted me.
You're right, if other projects require a "clean record", you can't just wait and hope they'll keep their word. I'd like to know how your ejectment turns out. I'm still worried that the owner could use administrative redemption to avoid a counterclaim.