How do you attack a tax sale redemption?


A prior post told you about an August 27, 2010 Alabama Supreme Court decision addressing when tax sale redemption takes place. Is it when the owner pays the taxes plus interest due the probate judge, or is it when the owner ALSO pays the investor for any insurance premiums and preservation improvements that might be owed? The court said redemption was complete when the owner paid the taxes plus interest and received a redemption certificate from the probate judge.  The court also said, “If it was issued erroneously, [the investor] should have challenged the certificate judicially.”

The lawsuit would be for one of the “extra-ordinary writs” such as (1) mandamus, or  (2) certiorari, or (3) prohibition.  It is NOT an appeal!!! Please share this information with your lawyer in case you have a need to contest a redemption.  If your lawyer files a plain vanilla lawsuit, or if your lawyer files something called an “appeal,” you will eventually get kicked out of court after spending a bunch of money on legal fees.