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Tax Sale Purchasers: Be Safe, Not Sorry

Posted by 15789465 on

I think that all Alabama counties now follow the procedure of requiring redeeming owners to get a signed and notarized form from the tax sale investor before the county will allow administrative redemption. This procedure is still VERY new.

If you don't know what form I'm talking about, write. I'll send a copy to you.

In my opinion, if the redeeming owner approaches to you sign such a form, it qualifies as them making written demand on you for the value of any preservation improvements claimed by you in connection with the redemption.  If I'm right, then you will have ten days from that demand to provide your itemized charges, otherwise you will lose the right to collect the value of the preservation improvements. If I'm wrong, then no harm done if you don't give the notice within ten days of receiving the form. If I'm right, then a lot of people are going to get unpleasant surprises. Don't take chances. Assume I'm right!

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16 comments

  • Denise, what if the investor does not sign and/or notarize the form. Can the owner still redeem the property? Does the investor lose his rights to his investment?

    thounie on
  • Please send me a copy of the form.

    Thanks Denise for what you do.

    Blessings, Jeff

    On Mon, Jan 12, 2015 at 11:19 AM, Denise L. Evans’ Real Estate Advice wrote:

    > Denise L. Evans posted: “I think that all Alabama counties now > follow the procedure of requiring redeeming owners to get a signed and > notarized form from the tax sale investor before the county will allow > administrative redemption. This procedure is still VERY new. If you don’t > k”

    jeffspahn2011 on
  • No time limits, but if I were the investor, I would include a handwritten statement on the form saying it is good for 30 days, and null and void afterwards. I’d also have the NOTARY initial next to my handwritten statement.

    Denise L. Evans on
  • Denise, in your opinion, how long does the signed letter stand? In other words, in theory couldn’t a savvy owner write you a demand letter right after you purchase the property and then never actually redeem it until months/years later? I know there is little case law on this, but I believe this whole redemption letter biz is about to get sticky.

    Musgrove

    mike musgrove on
  • As you know I am not an attorney, however with that said I have been making the following additions on any redemption affidavits I sign.
    between the words “that” and “all” on the line starting with the words “hereby represent” I put a carrot " ^ " and hand write and initial and have the notary initial the days date such as “as of 5/4/2015”. Hoping to change the first line to read “hereby represent and affirm that as of 5/4/2015 all sums due….”

    And append a line to the end of the paragraph in hand writing initialed by me and the notary “This affidavit is null and void after June 30, 2015.”
    That would give them 56 days more or less to pay the taxes and redeem or they start over.
    Hopefully that will work to void the Redemption Affidavit after 56 days if the property is not redeemed.

    Jere on

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