All Forum Posts by: Denise Evans

@Charles Edwards, I don't know if the company is any good or not. I do know in Alabama you can't get title insurance until you quiet title. If TTS says they have a title company that will write insurance after completing their program, I'd want to know (1) are they licensed to write insurance in Alabama and (2) Who is it. Then I'd check with some local closing companies where your property is located and see if those attorneys will accept title policies written by that company.  

An ejectment lawsuit would have been the safest thing. But, here you are with the hand you've been dealt and played, and you have to make your strongest and best arguments.

@Devon Daniels, if the tax auction was only 2-3 years ago, then redemption is done through the county probate judge or tax official (different counties, different departments) in charge of redemptions, not directly with the investor. if the investor is holding up the process because he/she refuses to sign off saying they are not owed anything for preservation improvements, then the taxpayer's remedy is to file a petition in Probate Court to redeem the property and establish the amount due to redeem.  If that is the route, pay the taxes plus interest into court at the time you file the petition, which stops the interest clock from ticking onward.

@Rhonda Jackson, the argument they are making is that you were not allowed to take DIY possession because although the property was vacant and in really bad shape, it was not legally abandoned. Legal abandonment occurs when someone departs a property and has the intention to never again return, never do anything with it, never redeem. According to their theory of the case, when she told you she intended to redeem, you were put on notice the property was not legally abandoned. If you wanted to take lawful possession and make your improvements, they are claiming, you should have filed an ejectment lawsuit.  THEN, the judge would have either placed you in lawful possession, or the heir would have counterlclaimed for redemption, the judge would have set the redemption amount, and ordered her to pay it within 30 days or possession would be awarded to you. According to the theory, because you took possession unlawfully, you are not entitled to be paid for improvements and might even be liable for damages for trespass.

I am not saying this is how the lawsuit will go. I do not know enough and cannot make such a prediction. I am telling you that their theory, as it seems to be from your question, has legal merit. Whether they can prove up the facts to support their theory is another matter.  I don't know about that. Do you have an attorney?

The person you are buying from is the owner. BUT, the former owner and any lien holders might still have redemption rights, or have claims that the original tax sale was void and ownership should go back to the former owner. The quiet title lawsuit should ideally result in a decision that nobody else has any potential claims to get the property back. At that point, sellers and buyers and lenders will be able to get title insurance, but not before.

The "clock" depends on three years of lawful, exclusive and continuous possession starting with the date that is three years after the auction.  If the investor does not take possession until four years after the auction, then it will be 7 years after the auction before anybody can quiet title. If the investor takes possession and then sells the property and the new owner takes possession, the time periods are "tacked" together. The new owner does not have to start all over.

Quieting title can cost as little as $1,000 of you can find the former owner or heirs and serve lawsuit papers on them. It can cost upwards of $5,000 if there are unknown or unfindable parties or heirs.  That number starts at $3,500+ for your lawyer, and another $1,500+ for the guardian ad litem the court will appoint to represent the unknown parties.

If it has been more than 6 years from the auction and nobody has taken lawful, exclusive and continuous possession (such as by using the property as a residence or business or renting it to somebody else) then a little-known statute of limitations could allow the former owner to get it back without paying anything at all.

The law is tricky, and like no laws anywhere else in the entire United States. Please get advice from Alabama experts before deciding what to do.

@Tyson Begly, yes  shop around.

@Tyson Begly, who turned you down? The assistant, the lawyer in charge of the office, or the underwriter? You might need to go over somebody's head to the underwriter.  A quiet title order trumps everything. If you can't get insurance through them, some other title company  will write it.

If real wood mahogany doors, then you are right, go with black.  That will be cheaper than matte gray, which is trendy right now and so priced higher.  Plus, gray is not a good look with mahogany.  Pay a painter to put an extra layer of finish on those cabinets. The finishes from the factory are just mere molecules thick, and wear off easily. You need more protection for a rental. You'll be happy, later, you spent the little bit of extra money now.

MLS is a function of the local Assn of Realtors. Call them. They set the rules. Not the Alabama Real Estate Commission.

I'd go with white and paint the cabinets white also. Stainless is hard to keep looking clean all the time because it streaks and shadows. White is easier. White kitchens are trendy. Painted cabinets can be touched  up easily. Stained cabinets with heavy wear (or heaven forbid, tenant scrubbing with steel wool to get rid of built-up grime so can get security deposit back and scrubbing through the finish) are really hard to renovate inexpensively.  Comment about dings in stainless is great point.