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I believe that the...

I believe that the question I have is somewhat complicated but here it is: I am living in a house with my developmentally delayed brother and my life partner. The house is titled in the "Theresa M Oriel revocable trust of 1991 (my moms trust set up in Illinois). We cared for mom for over 7-8 years while she was ill and bedridden. She was here in this house with us when she died. The house is located in Alabama in a deed restricted community. Because of the costs of caring for mom she ended up behind in the property taxes and the buyer of the taxes put in a 56K overbid when they bought the taxes. (They were bought by a bank in Nebraska). She also owed homeowners association fees and the HOA sold the property supposedly to a man from Texas whose relative is acting as his agent. They said they would help us with money to move and we've been working on the figure. I gave him a figure of 20,750 today...he countered with 15K and out by the end of march but now asks for a quit claim deed and a statement that any thing left in the house is garbage and has no value. Why would he need a quit claim deed? He said he already owns the house . He also paid off the past due property taxes and overbidbut said he's having trouble getting the overbid money back from the county. Does he own the house or is he trying to get me to give it to him. Moms estate has not been settled yet.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the house located?

Baldwin county Lillian Alabama

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of...

Submitted: 3 months ago.Category: Real Estate Law
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Customer reply replied 3 months ago
I forgot about the federal tax lien the IRS filed against mom's estate in May 2017 in Baldwin county probate court that I found out about after the "buyers agent" told me he had bought the house for the HOA fees.
Answered in 1 hour by:
3/20/2018
Real Estate Lawyer: WiseOwl58, Lawyer replied 3 months ago
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,547
Experience: Experienced real estate lawyer and real estate broker.
Verified

Under Alabama law, the buyer takes subject to all of the tax liens, so you owe nothing further and they have to pay you the full purchase price. You have no liability here in this matter and all gain~

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Good luck to you. I wish you all the best.

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Customer reply replied 3 months ago
Perhaps I wasn't clear on one point. The buyer bought the house because the HOAused article 1A of title 35 chapter 10 of the code of Alabama wherein they can "foreclose" on your house for unpaid HOAs in other words they claim to have legally taken a home worth 180K and sold it for about 1500.00 . In other words the HOA claims to be the seller to the man in TX. But now he's running into trouble getting money back from the county for the overbid and he wants me to quit claim the property to him. The house was in trust at the time this happened and moms estate hadn't been through probate. Her will said this would go to my brothers special needs trust(I'm trustee). He has claimed he has no legal reason to give me money but is trying to help me since I lost the house and equity through the HOA foreclosure. There is not nor ever has been a mortgage mom paid cash.
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