We won a tax deed case at the Alabama Supreme Court — what it means for your rehab

We won a tax deed case at the Alabama Supreme Court — what it means for your rehab

Josh AndersonPro Member
Lender · Birmingham AL · Member since 2015 · 78 posts · 43 votes

In 2019 my company, Anderson Realty Group, bought a house in Jefferson County from the State. The owner had stopped paying taxes in 2015 after a fire gutted it, and the State picked it up at the 2016 tax sale. When we got it, it was uninhabitable.

We put $88,812 into it — framing, roof, wiring, plumbing, HVAC, windows, doors, siding, gutters. Took a burned shell most of the way back to a house.

Then we filed to quiet title, and the former owner counterclaimed to redeem.

That's the part a lot of investors don't plan for. In Alabama, if the owner redeems, you get back what you paid plus interest — and your "preservation improvements." The fight was over what that phrase means.

The trial court said it only meant work to keep the house from getting worse — tarps, cleanup, that kind of thing. It valued that at $10,000. So the owner could take back a fully rebuilt house and pay us for $10,000 of the nearly $89,000 we spent.

We appealed. The Court of Civil Appeals reversed, and in May 2023 the Alabama Supreme Court affirmed unanimously (Ex parte King, 385 So. 3d 1001). The Court held "preservation improvements" covers valuable and useful improvements that put the property back to its proper use — not just patching it to the condition it was in at the tax sale.

How it ended: once the real number was on the table, he didn't redeem. The house is ours. We're finishing the rehab now and it'll go on the market when it's done — about seven years after we bought it from the State.

What it means if you buy Alabama tax properties:

- If you rehab during the redemption window, real improvements count toward what an owner has to pay you to redeem — not just maintenance.

- Document everything. Invoices, photos, permits, dates. That file is what gets you paid — or, like here, what makes redeeming not worth it.

- This still applies to what you buy from the State. Tax deeds the State sells off its inventory are still under the old system. The county sales have moved to the new bid-down lien auction, which works differently — know which one you're buying in.

- It doesn't mean you'll always get dollar-for-dollar back. The Court didn't set a number; value still gets argued.

- Plan for time. A cheap tax deed can turn into years of holding costs if it's contested.

Happy to answer questions.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1w

    I am curious how he was even able to redeem because it should have only been 12 months. Why was he even able to redeem? Was he not properly notified ?

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    • Jay HinrichsBusiness Member
      Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
      1w

      not to mention legal fee's you must have spent proving your case.

    • Josh AndersonPro Member
      OP
      Lender · Birmingham AL · Member since 2015 · 78 posts · 43 votes
      1w

      We run a tax deed investor club, and we knew this was an easy case to take all the way and really nail down what was covered and what wasn't. We spent about $15k; however, we had over 75k "lost," so it was well worth the money invested.

    • Josh AndersonPro Member
      OP
      Lender · Birmingham AL · Member since 2015 · 78 posts · 43 votes
      1w

      In Alabama, there is a 3-year right of redemption, and you can file a redemption counterclaim. Alabama has its own set of rules with two different ways taxes are sold.

  • Coral Springs, FL · Member since 2018 · 495 posts · 111 votes
    1w

    Josh, thanks for writing this up with the citation. The improvements point is a useful contrast for anyone bidding in Florida, where it works differently. There, redemption ends once the winning bidder's payment is received, so there's no post-sale window to rehab through. The risk moves to before the sale instead.

    What I'd tell a Florida bidder to do:

    1. Re-check the clerk's sale list the day before and the morning of the sale. Lots get redeemed right up to payment.

    2. Run municipal and code-enforcement lien searches. Some government liens can survive the deed.

    3. If there's a federal tax lien, remember the IRS has 120 days to redeem.

    4. For condos and HOAs, ask for an estoppel before assuming what's owed.

    5. Plan on a quiet title action before a title company will insure.

    Question for you: on the contested file, did the former owner's notice issue come up, like Chris asked?

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    1w

    Josh, the case is a good reminder that the economics of a tax deed can change quite a bit after the purchase, especially when you are putting significant money into the property during the redemption period.

    One tax piece I’d add is to keep the acquisition cost and every improvement cost separately documented. Your basis matters when you eventually calculate the gain or loss, and capital improvements generally increase that basis.  I’d also distinguish between a property you acquire to renovate and sell and one you eventually decide to hold as a rental. The tax treatment is different, so I wouldn’t automatically treat the rehab costs as rental depreciation just because the property could eventually become a rental.

    If the plan changes to a rental, that is when I’d have the CPA revisit the basis, improvements, depreciation, and whether a cost segregation study makes sense for the property. Your point about documenting everything during the redemption period is especially important. From both the legal and tax perspective, I’d want a clean record of what was purchased, what was spent, when it was spent, and what the money was used for.

    A cheap tax deed can look very different once you add rehab, holding costs, legal costs, and the eventual tax consequences. Happy to connect!

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