Must an evicted squatter be given notice in a quiet title process in Alabama?

Question

I am five months in quieting a title on a home/property that was initially obtained by my father in a tax sale. (Tax certificate in 2019, with tax deed in 2022 and taxes are current). In January 2023, he started eviction proceedings on squatters in the home and won a judgement by default in May of 2023 and the squatters moved out. I obtained the property through a quit claim deed from my father. My attorney stated not only must the person who failed to pay taxes be given notice but also the squatter as well since our suit names persons who were in possession of the house. We never collected any money for rent from anyone. The squatter stated he didn't know where the owner was or where he lived. If we can't get an address to either party to mail a certified letter then a private investigator must be hired to locate them. The squatter possibly has warrants on him and will be difficult to locate. I did attempt to get a quit claim deed from the other party but he didn't return my calls. I have read so many posts from Denise Evans but I don't fully understand the 'giving notice' aspect. Any insight into this will be greatly appreciated.

Denise Evans · Answer

@Micki Ray Harper In a quiet title lawsuit, you are obligated try to find people who should be defendants. The complaint must describe the steps you took to find people who should be parties to the lawsuit. That is to basically keep you honest, so they judge can tell you tried. You are not obligated to be successful.

At one time, I told people to spend money on a skip trace so they could file the in personam QT lawsuit (the one where you can served lawsuit papers on all defendants) and avoid the expense of the in rem QT lawsuit (the one where you need a GAL). But, today, most judges are requiring a GAL anyway. So, just give it your best self-help effort to find them, and then let the GAL do his or her job.

As far as an ejectment lawsuit, the real question is, was the property legally abandoned? If you took DIY possession, was it legally allowed because the property was abandoned, or was it illegally obtained and doesn't mean anything when it comes time to file a quiet title lawsuit.

If legally abandoned, that means the owner is gone, has no intention of coming back and no intention of ever doing anything with the property. The question is, what is the intention of the owner, not what would a reasonable person think is the intention of the owner. That's hard to figure out sometime. The safest thing is to file an ejectment lawsuit. But, if you can find the owner to serve ejectment lawsuit papers on him, you can't get an ejectment order. So, that was a waste of time and money, right? All you can do then is just assume it is abandoned, take the risk, and take DIY possession like your Dad did. Some lawyers will file ejectment lawsuits and ask for service by publication, but that is not allowed under the rules. Judges will sign off on it, but any judgment obtained by a method of service that is not allowed is void. So, all that time and money and really you are not better off than if you took DIY possession. Of course, that's only when you truly cannot find the owner.

Denise Evans · Answer

Call me or PM me. It's complicated. Denise

Micki Ray Harper · Answer

Good Morning Denise

I know it has been several months since my last correspondence with you in regards to this quiet title matter however I again need advise/direction. Approximately 6-8 weeks ago my attorney stated he was unable to get the delinquent tax 'owner' nor the squatters served in this matter. My sister and I have done all the leg work in finding where the 2 individuals lived at. My attorney ask if I wanted to go ahead and place the notice in the newspaper and he would file the necessary paperwork as far as getting a court date. I told him I definitely wanted to go that route. Last week,my sister was at a meeting with the Mayor of the town these two men live in and he knows both and said he could get them served. My attorney said they needed to be served at about the same time and we got the necessary paperwork for the Mayor. If for some reason this falls through should I attempt to offer more money for a quit claim deed or proceed with the newspaper notification process. My attorney said he needed to hire us as investigators in locating people. This has rocked on for 10 months and not sure what to do. As always, I trust you in all advise!!

Thank You

Micki Harper

Denise Evans · Answer

My pleasure, Micki!

Micki Ray Harper · Answer

Thanks again Denise! You are the best!

Have a Blessed day!

Micki

Micki Ray Harper · Answer

Denise, I also failed to ask if an ejectment lawsuit should have been filed on the 'former owner' of this property although he never lived in the house after my dad obtained a tax certificate as well as the tax deed?

Thanks for help, not just for me but to all others you have taken the time in responding to their questions!

Micki

Thanks for help, not just for me but to all others you have taken the time in responding to their questions!

Micki

Micki Ray Harper · Answer

Thank you Denise! My sister and I have spent countless hours trying to find an address for each party. We believe we have an address on the party who failed to pay the taxes but no address as of yet on the squatters. I hate to pay extra money for a PI on work we have already done. Any recommendations as to what to tell my attorney? Can we just proceed with the guardian ad litem and newspaper notices?

Denise Evans · Answer

If you can't find them to serve lawsuit papers on them, that is what the guardian ad litem and the newspaper notices are for. Don't worry about it. This happens all the time, usually with heirs, but it can be squatters as well.

Micki Ray Harper · Answer

Thank you Greg. I am hoping she will give me some insight into this matter. Hope you have a blessed day!

Micki Harper

Greg Parker · Answer

@Denise Evans should have some great insight on this.

And, maybe shed some light on the anti-squatter legislation that governor mee-maw signed a while back.

Must an evicted squatter be given notice in a quiet title process in Alabama?

Must an evicted squatter be given notice in a quiet title process in Alabama?

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