Montgomery County Alabama Tax Sale
Montgomery County Alabama tax lien certificates are sold at the Montgomery County tax sale which is held annually either during the months of April or May each year.
In Montgomery County Alabama, real estate property taxes are due on October 1 and are considered delinquent after December 31st of each year. Delinquency notices are mailed January 1. The Montgomery County probate judge advertises a list of tax delinquent property owners on the first Tuesday in February.
Beginning April 1 Montgomery County begins advertising properties to be offered at the impending Montgomery County tax sale. Alabama law (Code of Alabama, Title 40, Chapter 10, "Sale of Land." ) specifies that properties to be offered at the Montgomery County tax sale must be advertised in a local newspaper for three (3) consecutive weeks prior to the Montgomery County tax sale.
Tax Sale List
Contact the Montgomery County Alabama Revenue Commissioner for instructions on obtaining the Montgomery County Alabama tax sale list.
The tax sale list includes the item number, parcel number, legal owner, and legal description of the property's to be offered at the Montgomery County Alabama tax lien certificate sale. Combined with the Montgomery County Alabama Assessor's property records this information can be used to research each tax lien certificate to be offered at the Montgomery County Alabama tax sale.
Copy's of the newspaper where the advertisement of tax liens on property's subject to sale at the Montgomery County Alabama tax sale are available for purchase through the Montgomery County Alabama Tax Collector's Office. In addition, a digital copy of the advertisement may also be available for purchase.
Tax Sale Registration
Anyone wishing to bid must register preceeding the Montgomery County Alabama tax sale. Contact the Montgomery County Alabama Revenue Commissioner for registration instructions and requirements. Generally, there is no charge for registration.
While there is no charge to register bidders may be required to post a deposit preceding the tax sale. The Montgomery County Alabama Revenue Commissioner's Office may require that bidder's post 10% of the estimated amount they intend to purchase at the Montgomery County Alabama tax sale.
Registration requirements specify that bidders must supply the Montgomery County Alabama Revenue Commissioner's Office with a completed Bidder's Card, Request for Taxpayer Identification Number and Certification (IRS Form W-9 or W-8BEN).
Upon successfully meeting the registration requirements the Montgomery County Alabama Revenue Commissioner's Office will assign a bidders number to identify each bidder when purchasing tax liens from Montgomery County Alabama.
Tax Sale Time and Location
The Montgomery County Alabama tax sale is held at 10:00 AM in front of the Montgomery County Courthouse during the months of April and May of each year. Contact the Montgomery County Alabama Tax Collector's Office A.R.S. 40-10-12 to verify the time and location of the Montgomery County Alabama tax sale.
In accordance with A.R.S. 40-10-12 the Montgomery County Alabama Tax Collector will commence the public auction of the Montgomery County Alabama tax liens on those land's for which the taxes, interest, and fees have not been paid and continue's from day to day until each tax lien certificate is sold to satisfy the taxes, interest, costs, and charges.
Tax Sale Bidding Process
In accordance with A.R.S. 40-10-16 Alabama laws grants the Montgomery County Alabama Tax Collector broad powers in setting and determining bidding rules governing the Montgomery County Alabama public tax sale auction.
Currently, the Montgomery County Alabama Tax Collector utilizes a Premium Bid Method to auction Alabama tax lien certificates.
Premium Bid Method: In a public oral bid tax sale where Montgomery County Alabama is utilizing the Premium Bid Method A.R.S. 40-10-16 the winning bidder at the Montgomery County Alabama tax sale is the bidder who pays the largest amount in excess of the delinquent taxes, delinquent interest, and fees. The excess amount shall be credited to the county general fund A.R.S. 40-10-28. Each tax lien shall be sold for an entire piece of property.
Unsold Montgomery County Alabama tax lien certificates that receive no bids are "struck off" or sold to the state of Alabama (jump to section regarding Unsold Tax Sale Properties).
Tax Sale Payment
Pursuant to A.R.S. 40-10-15 the Montgomery County Alabama Tax Collector may accept payment in the form of cash, negotiable paper, or electronic funds transfer, for the Alabama tax lien certificate.
In accordance with A.R.S. 40-10-16 the person to whom any real estate at the Montgomery County Alabama tax sale is "knocked off" must immediately pay to the Montgomery County Alabama Tax Collector the amount of his bid, and on his failure to do so the Montgomery County Alabama Tax Collector is instructed to again reoffer it for sale.
In accordance with A.R.S. 40-10-13 within 10 days after the sale the Montgomery County Alabama Tax Collector is to make a report of each sale to the Montgomery County Alabama Probate Court requesting confirmation of the sale. The report shall lie over for a period of five days for exceptions or objections thereto. If upon the expiration of five days no objections have been filed, or if in the opinion of the court they are insufficient, and it appearing to the court that the Montgomery County Alabama Tax Collector sold such real estate in accordance with the law, and the decree of court ordering such sale, the court shall make and enter an order confirming said sale, which shall be entered on the same book or docket as the original decree of sale, and ordering the Montgomery County Alabama Tax Collector to issue proper certificates of purchase to the various purchasers, including the state of Alabama.
Once the "confirmation of sale" is completed, the Montgomery County Alabama Tax Collector in accordance with A.R.S. 40-10-19 must make out and deliver to each purchaser a certificate of purchase "CP", which shall contain a description of the real estate sold and show that the sum was assessed by the Montgomery County Alabama Tax Collector, to whom assessed, the date of assessment, for what year or years the taxes were due, the amount of taxes thereon, the amount of and the name of the holder of each Alabama tax lien certificate related thereto, distinguishing the amount due the state and county and for school purposes and to each holder of a Alabama tax lien certificate and the fees and costs, that it was advertised and how long, that it was offered for sale and at what time, who became the purchaser, at what price and the fact and date of the confirmation of such sale.
From the date sold, the delinquent owner has (3) three years (Sec. 40-10-29 ) to redeem his or her interest in the property. To redeem, the delinquent owner must tender the amount the purchaser paid to buy the Montgomery County Alabama tax lien certificate plus any additional property tax the purchaser has paid up to the expiration of the (3) three year redemption period plus 12% per annum (Sec. 40-10-122 ) on the minimum and the overbid (see notes on bidding).
In addition, the purchaser of the Montgomery County Alabama tax lien certificate will only earn interest at the rate of 12 percent per annum on the amount of all taxes and any excess bid that is less than or equal to 15 percent of the market value as established by the county board of equalization which can be determined by reviewing the Montgomery County tax collector records.
If the property is not redeemed within the (3) three year redemption period (Sec. 40-10-29 ) the purchaser of the Montgomery County Alabama tax lien certificate can apply for a tax deed to the property by surrendering the Montgomery County Alabama tax lien certificate to the Judge of Probate, who in turn issues a tax deed (Sec. 40-10-29 and Sec. 40-10-30 ).
Unsold Tax Sale Properties
When Montgomery County Alabama tax lien certificates are not auctioned to individual bidders, the Montgomery County Alabama tax lien certificate is transferred to the State of Alabama Department of Revenue, Property Tax Division in Montgomery Alabama (Sec. 40-10-21 and 40-10-132 ).
Montgomery County Alabama tax lien certificate which have been held by the state of Alabama for less than three years are available for purchase by assignment.
For property the state of Alabama has held for more than three years from the date of the Montgomery County tax sale, a tax deed will be issued to the purchaser, conveying to the purchaser all the right, title and interest of the State in and to the property. The property is available for purchase from the state by making application.
Alabama Department of Revenue
Property Tax Division
50 North Ripley
Montgomery, AL 36132
Visit Alabama Department of Revenue Website
Disposition of Tax Sale Overages
In Montgomery County Alabama tax sale overages or proceeds generated from the sale of real estate for delinquent taxes be paid to the owner, or his agent, or to the person legally representing such owner, or into the county treasury (see A.R.S. 40-10-28 ).
If the tax sale overages, tax sale proceeds or excess funds are not claimed within three (3) years after the sale of the property the money will be determined as part of the general fund of Montgomery County Alabama.
Furthermore A.R.S. 40-10-28 specifies that any person providing proof to Montgomery County Alabama that he or she is the rightful owner of such tax sale overages or tax sale proceeds, order the payment of such excess funds to such owner or instruct that payment be made to his heir or legal representative anytime within ten (10) years after the tax sale proceeds have been determined as part of the general fund of Montgomery County Alabama or such funds shall become the property of Montgomery County.
In addition, A.R.S. 35-12-72 specifies that if the tax sale overages, tax sale proceeds, or excess funds are not claimed within four (4) years from the date the Alabama tax lien certificate was sold at the Montgomery County Alabama tax sale auction such funds are irrevocably transferred (escheated) to Montgomery County Alabama.
Tax Sale Warnings and Pitfalls
While it is possible to receive a handsome profit with Alabama tax lien certificates it is important to keep in mind it is also possible to incur a substantial loss. Buyer beware, Montgomery County Alabama auctions all types of properties at the Montgomery County Alabama tax sale auction including residential, retail, agricultural, condemned, waste, vacant, industrial and the like.
Also, keep in mind that the legal description provided by Montgomery County may not always be accurate therefore be sure that you research the county and property records to verify the property size, location, dimensions, description, and value.
Furthermore it is important to research the chain of title to determine any and all claims, judgements, liens, easements and the like that may impact the use and value of the property.
Montgomery County Alabama Tax Sale Discussion
Below you will find a collection of the latest user questions and comments relating to the sale of tax lien certificates and tax deed properties in Montgomery County Alabama.
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Cities located in Montgomery County Alabama
The following is a list of cities and towns located in Montgomery County Alabama.
Tax Lien Certificates for properties located in the following cities are sold at the Montgomery County Alabama tax sale.
|Gunter Afb, AL||881|
|Hope Hull, AL||4,178|
|Maxwell Afb, AL||585|
|Pike Road, AL||4,986|
|Pine Level, AL||104|
Counties located in Alabama
The following is a list of counties located in the state of Alabama.
Tax Lien Certificates for properties located in the following counties are sold at Alabama county tax sales.
Learn more about each county's individual tax sale process by clicking on the name of the county for which you are interested from the list below:
Tax Lien University, Inc. is an educational organization, and individual performance depends upon the individual skills, time availability, and dedication of each student. Testimonials included may not represent typical results. Unique experiences and past performances do not guarantee future results. Tax Lien University, Inc. its owners, employees, and affiliates do not give investment or financial advice and are not licensed as brokers by or registered as advisors with any agency. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
Montgomery County, AL
101 S. Lawrence St
Montgomery AL 36104
|County Website:||View County Website|
|Auction Website:||Not Available|
|Tax Sale Date:||Not Available|
|Tax Sale List:||Get Tax Sale List|
|OTC Sale List:||Get OTC Tax Sale List|
|Parcel Search:||View Property Records|
|Public Records:||View County Records|
|Tax Sale Type:||Tax Lien Certificates|
|Redemption:||(3) Three Years|
|Interest Rate:||12% Per Annum|
|Penalty Rate:||Not Applicable|
|Bid Procedure:||Premium Bid|
|Sale Contact:||Tax Collector|
|State Statutes:||View State Statutes|
|County Map:||View County Map|
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