Quiet Title Program - Birmingham Land Bank Authority (2024)

Legal Action Required on All BLBA Property Acquisitions

1. The record title must be examined and an opinion of title must be rendered by an attorney at law, who is licensed to practice law in Alabama, or a certificate of title must have been prepared by a licensed title agent or insurer.
2. The authority must file a petition with the Circuit Clerk of Jefferson County, Alabama that lists the property subject to foreclosure by the BLBA and for which the BLBA seeks to quiet title. This must include the legal description, tax parcel identification number and street address of each property. Note: Quiet title action cannot affect any rights to property held by electric power, natural gas, or telecommunications utilities
3. A notice of Lis Pendens must be filed and recorded with the Office of the Judge of Probate of Jefferson County, Alabama.
4. The authority must then serve all persons having record title or interest in or lien upon the property with a notice of the hearing on the petition to quiet title.
5. The notice required shall include:
   • Date on which the land bank authority recorded lis pendens
   • Statement that a person with a property interest may lose such interest
   • Legal description, tax parcel identification number and street address
   • Date and time of hearing and statement that judgment of the court may result in title to the property vesting in the authority
   • Explanation of any rights of redemption
   • Name, address, and telephone number of the BLBA
6. In the event the Authority is unable to perfect service or certified mail attempts are returned unclaimed, the authority conducts a thorough search for the person with an interest in the property conveyed to the authority.
7. A sign being no less than four feet by four feet must be erected on the property and maintained by the authority for a minimum of 30 days reading as follows:
   • “THIS PROPERTY HAS BEEN CONVEYED TO THE BIRMINGHAM LAND BANK AUTHORITY AND IS SUBJECT TO A QUIET TITLE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNERSHIP OF OR INTEREST IN THE PROPERTY ARE REQUESTED TO CONTACT THE LAND BANK AUTHORITY AT (205) 254-2369. THE BIRMINGHAM LAND BANK AUTHORITY IS LOCATED AT: 710NORTH 20TH STREET, BIRMINGHAM, ALABAMA 35203”
8. Any additional parties who are subsequently identified as having an interest in the property must be provided notice in of the hearing on this petition to quiet title.
9. Throughout the process and up until the issuance of a final order, an eligible party may assert a right to redeem at the hearing or in the offices of the authority, that party may redeem in accordance with Chapter 10 of Title 40 of the Code of Alabama. Alabama redemption laws are VERY generous to prior owners.
10. Notice must also be given by publication prior to the hearing Notice by publication must be published once each week for 3 successive weeks in newspaper of general circulation in Jefferson County.
11. A guardian ad litem will be appointed by the Judge and paid by the BLBA to represent and defend the interest of any unknown, infant or incompetent parties in the action.
12. The Circuit Court will hear any objections by persons claiming interest the property. They may appoint a special master for assistance with resolution of any objections or questions regarding title.
13. The Circuit Court will then enter a judgement within 30 days following the hearing in favor of the BLBA. The order will note the following:
    • Legal description, tax parcel identification number, and street address of property
    • That fee simple title is vested absolutely in the land bank authority without any further rights of redemption
    • That all liens against the property, including any lien for unpaid taxes or special assessments, are extinguished
    • That, except for certain interests (recorded easem*nt or right-of-way, restrictive covenant, prior reservation or severance of all mineral, mining, oil and gas rights within and underlying the property, such state of facts as shown on recorded plats, or restrictions or covenants imposed under the Alabama Land Recycling and Economic Development Act or any other environmental law in effect in the state, severed oil, gas, and mineral rights and mineral leases and agreements) the land bank authority has good and marketable fee simple title to the property
    • That all existing recorded and unrecorded interests in the property are extinguished
    • Finding that all persons entitled to notice and an opportunity to be heard were such notice and opportunity
    • That the land bank authority provided notice to all interested parties or complied with the publication notice procedures for parties who could not be located or identified
14. The BLBA must then record the circuit court’s final order at the Jefferson County Probate Court.
15. BLBA staff must pay Quiet Title fees upon receipt of the circuit court’s final order. This includes several items:
    • Quiet Title Counsel Fees
    • Guardian ad litem overage fees
    • Publication overage fees

Click here to learn how to check eligibility on a property that you think may be eligible.
If you find that the parcel has been sold to state for five years or more and is unoccupied, you may submit that information to us so that we can investigate and make it available for application.

Submit Application Online (View Sample Application)

• It includes the following:
  • Proof of Funds
  • Applicant Property Ownership List
  • Project and Experience Narrative
  • Rehab Plan
  • Information on prior code violations, foreclosures, tax delinquency
  • If non-profit, Certificate of good standing, incorporation documents, operating agreement and document authorizing applicant to purchase property.

If the Board approves your application, you will have an inspection period that will allow you to edit your Maintenance and Development Plan for the property. This will then be attached to your agreement with the BLBA.

Each agreement will contain a timeline for commencing and completing your project. Failure to adhere to those guidelines may result in the BLBA taking back the property.
All conveyances by the BLBA to third parties shall include such covenants, conditions and restrictions as the BLBA deems necessary and appropriate in its sole discretion to ensure the use, rehabilitation and redevelopment of the property in a manner consistent with the public purposes of the BLBA. Such requirements may take the form of a deed creating a defeasible fee, recorded restrictive covenants, subordinate financing being held by the BLBA, development agreements, or any combination thereof. In all cases, development agreements will delineate the standards and expectations that must be met to retain possession of the property. Failure to satisfy established conditions will result in Land Bank Authority control over the property.

*Purchase Contract and Application Subject to change