Tax Sale Information
Cleburne County Alabama tax Sale certificates are sold at the Cleburne County tax sale which is held annually on the 1st Tuesday in May.
In Cleburne 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. List of Delinquents are given to the Probate Judge in February for preparation of the Probate Court date.
Beginning in AprilCleburne County begins advertising properties to be offered at the impending Cleburne County tax sale. Alabama law (Code of Alabama, Title 40, Chapter 10, "Sale of Land." ) specifies that properties to be offered at the Cleburne County tax sale must be advertised in a local newspaper for three (3) consecutive weeks 30 days prior to the Cleburne County tax sale.
Tax Sale List
Contact the Cleburne County Alabama Revenue Commissioner for instructions on obtaining the Cleburne 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 Cleburne County Alabama tax certificate sale. Combined with the Cleburne County Alabama Assessor's property records this information can be used to research each tax certificate to be offered at the Cleburne County Alabama tax sale.
Copies of the newspaper where the advertisement of tax sale on property's subject to sale at the Cleburne County Alabama tax sale are available for purchase through the Cleburne County Alabama Revenue Commissioner's Office.
Tax Sale Registration
Anyone wishing to bid must register the morning of the tax sale preceding the Cleburne County Alabama tax sale. Contact the Cleburne 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 Cleburne County Alabama Revenue Commissioner's Office may require that bidder's post 10% of the estimated amount they intend to purchase at the Cleburne County Alabama tax sale.
Registration requirements specify that bidders must supply the Cleburne 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 Cleburne County Alabama Revenue Commissioner's Office will assign a bidders number to identify each bidder when purchasing tax sale property from Cleburne County Alabama.
Tax Sale Time and Location
e Cleburne County Alabama tax sale is held at 10:00 AM in front of the Cleburne County Courthouse the first Tuesday in May of each year. Contact the Cleburne County Alabama Revenue Commissioner's Office A.R.S. 40-10-12 to verify the time and location of the Cleburne County Alabama tax sale.
In accordance with A.R.S. 40-10-12 the Cleburne County Alabama Revenue Commissioner will commence the public auction of the Cleburne County Alabama tax Sale on those land's for which the taxes, interest, and fees have not been paid and continues from day to day until each tax sale 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 Cleburne County Alabama Revenue Commissioner broad powers in setting and determining bidding rules governing the Cleburne County Alabama public tax sale auction.
Currently, the Cleburne County Alabama Revenue Commissioner utilizes a Premium Bid Method to auction Alabama tax Sale certificates.
Premium Bid Method: In a public oral bid tax sale where Cleburne County Alabama is utilizing the Premium Bid Method A.R.S. 40-10-16 the winning bidder at the Cleburne 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 sale shall be sold for an entire piece of property.
Unsold Cleburne County Alabama tax sale certificates that receive no bids are "struck off" or sold to the state of
Tax Sale Payment
Pursuant to A.R.S. 40-10-15 the Cleburne County Alabama Revenue Commissioner may accept payment in the form of cash, negotiable paper, or electronic funds transfer, for the Alabama tax sale certificate.
In accordance with A.R.S. 40-10-16 the person to whom any real estate at the Cleburne County Alabama tax sale is "knocked off" must immediately pay to the Cleburne County Alabama Revenue Commissioner the amount of his bid, and on his failure to do so the Cleburne County Alabama Revenue Commissioner is instructed to again reoffer it for sale.
In accordance with A.R.S. 40-10-13 within 10 days after the sale the Cleburne County Alabama Revenue Commissioner is to make a report of each sale to the Cleburne 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 Cleburne County Alabama Revenue Commissioner 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 Cleburne County Alabama Revenue Commissioner to issue proper certificates of purchase to the various purchasers, including the state of Alabama.
Once the "confirmation of sale" is completed, the Cleburne County Alabama Revenue Commissioner 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 Cleburne County Alabama Revenue Commissioner , 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 sale certificate related thereto, distinguishing the amount due the state and county and for school purposes and to each holder of a Alabama tax sale 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 Cleburne County Alabama tax sale 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 Cleburne County Alabama tax sale 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 Cleburne County Revenue Commissioner records.
If the property is not redeemed within the (3) three year redemption period (Sec. 40-10-29 ) the purchaser of the Cleburne County Alabama tax sale certificate can apply for a tax deed to the property by surrendering the Cleburne County Alabama tax sale 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 Cleburne County Alabama tax sale certificates are not auctioned to individual bidders, the Cleburne County Alabama tax sale 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 ).
Cleburne County Alabama tax sale 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 Cleburne 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
Disposition of Tax Sale Overages
In Cleburne 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 Cleburne County Alabama.
Furthermore A.R.S. 40-10-28 specifies that any person providing proof to Cleburne 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 Cleburne County Alabama or such funds shall become the property of Cleburne 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 sale certificate was sold at the Cleburne County Alabama tax sale auction such funds are irrevocably transferred (escheated) to Cleburne County Alabama.
Tax Sale Warnings and Pitfalls
While it is possible to receive a handsome profit with Alabama tax sale certificates it is important to keep in mind it is also possible to incur a substantial loss. Buyer beware, Cleburne County Alabama auctions all types of properties at the Cleburne 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 Cleburne 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, sales, easements and the like that may impact the use and value of the property.