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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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40-10-187
Section 40-10-187 Tax lien certificate. (a) The tax collecting official shall make, execute,
and deliver a tax lien certificate to each purchaser at a tax lien sale or auction or to each
assignee thereafter and shall collect from the purchaser or assignee a fee of five dollars
($5) for each tax lien certificate. The tax lien certificate shall be in a form provided by
the Department of Revenue and shall also include a certificate of redemption form as provided
in Section 40-10-194. (b) A tax lien certificate shall evidence the auction or sale or assignment
to the holder of the tax lien certificate of the delinquent and unpaid taxes, penalties, interest,
fees, and costs set forth therein and represented by the tax lien. (c) A tax lien certificate
shall bear the interest rate per annum as bid on by the purchaser at the tax lien auction
or as agreed upon by the purchaser at the tax lien sale, until the tax lien certificate is
redeemed as provided pursuant to Section 40-10-193. (d) The tax...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-187.htm - 3K - Match Info - Similar pages
40-10-188
Section 40-10-188 Record of tax lien auctions and sales. The tax collecting official shall
make a correct record of all auctions and sales of tax liens in a durable book or an electronic
file, which shall be known as the record of tax lien auctions and sales, containing all of
the following: (1) The date of auction or sale. (2) A description of each parcel and uniform
parcel number on which a tax lien was auctioned or sold. (3) The year of assessment to which
the tax lien relates. (4) The name and address of the property owner for whom the property
was assessed, if known. (5) The name and address of the original purchaser of the tax lien.
(6) The total amount of taxes, interest, penalties, fees, and costs due on the tax lien, which
relate to the year of assessment, as described in Section 40-10-187, as of the date of the
auction or sale of the tax lien to the original purchaser. (7) The interest rate bid on by
the purchaser at the tax lien auction or as agreed by the purchaser at the...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-22-2.htm - 16K - Match Info - Similar pages
6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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3-5-13
Section 3-5-13 Procedure for sale of livestock or animal when not reclaimed by owner, etc.;
disposition of proceeds of sale. If the owner or his agent shall not, when he has made no
bond, reclaim his livestock or animal within 24 hours after the judge of the district court
shall have ascertained such damages, then the judge of the district court shall order the
same sold by a constable of the precinct or by someone appointed to act as such or by the
sheriff or his deputy or by the law enforcement officer of a municipality. Such officer, upon
the making of such order, shall sell the same upon giving five days' notice of such sale by
publication one time in a newspaper published in the county, said notice to contain a brief
description of the livestock or animal to be sold and the time and place of sale. But out
of the proceeds such officer shall pay the costs and expenses and damages due the plaintiff
and the expenses of taking up, keeping and caring for such livestock or animal, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/3-5-13.htm - 1K - Match Info - Similar pages
40-5-6
Section 40-5-6 Fees for demand on delinquent taxpayers and for levy and sale of property. For
making actual demand on delinquent taxpayers, the collector shall be entitled to receive a
fee of $5 from each taxpayer on whom such demand is made, which shall be charged against such
taxpayer and collected for the use of the collector in the same manner and by the same means
as taxes are collected, but he shall charge only one fee against each taxpayer. For making
a levy on and sale of personal property for the collection of taxes, the collector shall be
allowed a fee of $5 to be collected out of the property, and, in addition thereto, he shall
be authorized to collect out of such property the actual expenses of keeping and moving the
same to the place of sale. The collector may sell any personal property levied on at any place
in the precinct that he may determine or may move the same to the courthouse of the county
for sale. For the levy on and sale of a tract, parcel, or lot of land...
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45-26-81.22
Section 45-26-81.22 1999 recording fee. (a) In Elmore County, a special recording fee of three
dollars ($3) shall be collected by the office of the judge of probate on each real or personal
property, Uniform Commercial Code, judicial, or other instrument recorded or filed for record.
The special recording fees shall be in addition to all other fees, taxes, and other charges
required by law to be paid upon the recording or filing for record of any real or personal
property, Uniform Commercial Code, judicial, or other instrument. All fees collected shall
be deposited by the judge of probate in any depository in the county as designated by the
county governing body. (b) The fees collected under this section shall be expended at the
discretion of the judge of probate with the approval of the county commission for the preservation
and restoration of court records and documents and to develop, purchase, install, upgrade,
and maintain a computerized system for recording, indexing, imaging,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-26-81.22.htm - 3K - Match Info - Similar pages
6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-78.htm - 3K - Match Info - Similar pages
26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, ยง2385; Code 1907,...
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