Alabama lawsuits about who owns the ➡️extra proceeds⬅️ of property seized by county governments and sold for back taxes may be impacted by a U.S. Supreme Court ruling in favor of a Minnesota property owner facing a similar government seizure.
“What we’re focused on are persons or owners who were unable to redeem for one reason or another. They’re losing their property, or they’ve lost their property. They want to recover that surplus amount,” said Hereford.
The case involves a real estate developer, Shiloh Creek, LLC, that fell behind on $1,882.73 in taxes in 2010. In 2011, Shelby County sold the property at a tax sale, keeping an extra $24,000 of the total sale proceeds of $25,882.73. A few years later, in 2014, Shiloh Creek transferred its rights to redeem the property or claim the surplus sale amount to Jack Investment Partners LLC.
Both owners tried to get the excess sale proceeds returned to them, but the counties denied their requests. In 2018, a trial court ruled that the owners were not entitled to the money because of amendments from 2014 and 2017 to state law which required landowners to redeem property to get the excess proceeds returned to them.
According to Hereford, one aim of the existing suits filed by his firm is to create a process by which counties would be required to return surplus funds from tax delinquent sales to property owners, who are often living in poverty and are often elderly.
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