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AL HB190
Bill
Status
3/23/2023
Primary Sponsor
Timothy Wadsworth
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AI Summary
HB190 Summary
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Establishes a six-year deadline for owners, mortgagees, and lienholders to redeem property sold at tax sales, with exceptions for minors, incompetent persons, owners in actual possession, and the state.
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Allows tax sale purchasers to bring suit to establish title without first obtaining possession of the property, eliminating the requirement established in Rioprop Holdings, LLC v. Compass Bank.
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Permits anyone with an interest in the property (purchasers, owners, mortgagees, lienholders) to bring suit in circuit court following the three-year administrative redemption period to resolve all rights, title, redemption claims, and possession issues.
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Requires parties asserting redemption rights or challenging sale validity to pay the required redemption amount into court within 30 days or face dismissal with prejudice.
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Preserves unlimited redemption rights for owners maintaining actual, open, and continuous possession since the tax sale date, and affirms one-year redemption rights for mortgagees and lienholders upon written notice.
Legislative Description
Relating to rights and remedies of a purchaser of real estate sold at a tax sale; to amend Section 40-10-82 of the Code of Alabama 1975, to provide limitations of actions that may be brought in circuit court to resolve certain issues related to real estate sold for the payment of taxes and to limit the period of time for a land owner to file a motion to redeem real estate sold for the payment of taxes, to challenge the validity of a tax sale, or to pay a court ordered judgment and costs.
Real estate tax sales, redemption periods, deadlines, rights of parties to bring certain actions in circuit court .
Last Action
Carry Over by House Judiciary
4/5/2023