11.004 Tax Debtor Stranger to Title

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Requirement 11.004

Tax Debtor Stranger to Title


 Tax Debtor Stranger to Title:  The abstract reveals that the Tax Collector of DeWitt County sold  the captioned property  to  Mary R. Purchaser on January 4, 1965, for the non-payment of ad valorem taxes assessed to  John Q. Owner.  The  Probate Judge of DeWitt County, Alabama conveyed the land to Mary R. Purchaser  by tax deed dated  January 5, 1968, and recorded in  Real Property Book 500, page 1.

 According to the abstract,  William P. Record  acquired record title to the captioned property  from  James Grantor  by  warranty deed dated  January 5, 1954, and recorded in  Real Property Book 400, page 1.   The abstract reveals that the record title never left  William P. Record.  Furthermore, the abstract does not contain any instrument giving  John Q. Owner  record title to the captioned property.

 Your lessor holds under Mary R. Purchaser.  The validity of the title conveyed by a tax deed in Alabama is the subject of much confusion.  As we have advised you before, facts existing outside the abstract will determine the validity of such titles.  For these reasons, you should rely upon the adverse possession of  the captioned property  by your Lessor and her  predecessors in title to perfect her title to  the captioned property.


 (a)        Furnish a report showing the identity of all persons or entities assessing and paying taxes for  the captioned property between  1954 and 2009.

 (b)        Furnish affidavits from knowledgeable disinterested persons establishing:  who claimed  the captioned property  from 1954 to 2009; the time period, character, and nature of the possession exercised by each claimant; and whether there were any disputes between 1954 to 2009 regarding the right to possess the captioned property.

 (c)        Ascertain what interest  John Q. Owner  claimed in  the captioned property  and the source of his  interest.

 After we have reviewed the curative materials submitted in response to this requirement, we may request additional curative measures in a supplemental requirement.

Copyright 2011 by Edward G, Hawkins. All rights reserved.