11.004 Tax Debtor Stranger to Title
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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.