Guest opinion: How Alabama can strengthen property owner protections
This is a guest opinion column
Homeownership is a direct investment in families, communities and the economy. It’s an American dream, and it’s one worth protecting.
While the path to homeownership is riddled with roadblocks, buyers aren’t the only ones presented with challenges today. For many, the equity and generational wealth they have built through homeownership is threatened due to a lack of estate planning and, in states like Alabama, an unjust tax foreclosure policy known as home equity theft.
Protecting the dream of homeownership does not end once the keys are acquired and the boxes are unpacked. Having a plan in place is critical to ensure this investment is carefully managed for years to come. As we wrap up October’s National Estate Planning Awareness Month, it’s clear now more than ever of the importance of life planning and ensuring the wealth built through homeownership is passed down to the next generation.
Today, just one in three American adults have an estate plan, and of those individuals, 20% have not updated their plan in the past five years.
Estate planning isn’t reserved for those of a certain financial status—everyone can benefit from having a plan in place and updating it every few years, especially when experiencing major life events like buying property, getting married, having children and traveling for extended periods.
Without an estate plan, homeowners risk losing control over what happens to their property after they pass. In Alabama, the state will step in and decide the heirs of one’s property, an undesirable situation that leads the courts to decide the most responsible and trusted next of kin, often sparking a lengthy legal process that can produce a plethora of fees and drive family rifts.
Alabamians can get started on safeguarding the place they call home and the cherished memories it holds by gathering a list of assets, debts and beneficiaries, as well as a chosen executor, and creating a Last Will and Testament through an online will maker or with the assistance of an attorney.
At the same time, Alabama homeowners can take action to further property owner protections by joining the effort to end home equity theft.
In Alabama—plus nine additional states and Washington, DC—home equity theft allows the government to take more than what is owed in property taxes, interest and penalties in the instance of a foreclosure. This unjust, unconstitutional practice robs individuals of the wealth they’ve built over a lifetime, particularly harming the elderly, many of whom live on a fixed income, leaving them with nothing.
In Alabama, home equity theft can take two forms. One method allows the government to auction a certificate of purchase of the home to the highest bidder. If the original owner does not redeem the property within three years, the government may keep any excess proceeds from the sale. Through the other method, the county is allowed to sell a tax lien on the property. The purchaser may then take the title and all the equity after three years.
According to Pacific Legal Foundation, Alabama homeowners caught up in home equity theft lose an average of 99% of their equity. For the 169 Alabama homes in Pacific Legal Foundation’s dataset, individuals lost a total of $4 million.
As property taxes increase throughout the country and consume a significant portion of households’ budgets, homeowners are pushed one step closer to home equity theft’s devastating pathway.
Some states have already introduced legislation to end home equity theft, now Alabama must follow suit.
It’s critical that Alabamians keep pressure on decision makers to prioritize the introduction and passage of solutions to end all forms of this practice in the state. Doing so will strengthen property owner protections and the value of homeownership.
At the American Property Owners Alliance, we’re committed to meeting with current and future property owners throughout the country to help connect them with the resources and leaders in their community. In our latest event, we met with those in Montgomery to discuss the solutions to help expand support for first-time buyers and unlock more equitable access to the wealth-building benefits of homeownership.
Owning a home gives individuals the freedom to live comfortably in a space that meets their needs and is all their own. Ensuring those on the path to buying a home have the resources they need to achieve this dream is critical. Ensuring those who have already achieved homeownership have the resources to strengthen and protect their investment is just as important.
Colin Allen serves as executive director of the American Property Owners Alliance—a nonpartisan, nonprofit organization focused on advancing solutions to improve protections for homeowners and address housing affordability issues across the nation.