|
11-70A-7
Section 11-70A-7 Proof of notice; objections. Prior to the circuit court hearing on the expedited
quiet title and foreclosure action, the municipality shall file with the clerk of the circuit
court proof of notice to the interested parties by certified and regular mail and of the posting
on the property under subdivision (2) of subsection (a) of Section 11-70A-5, along with proof
of notice by publication under Section 11-70A-6, if applicable. An interested party who desires
to contest the petition shall file written objections with the clerk of the circuit court
and serve those objections on the municipality at least two weeks prior to the date of the
hearing. If the court denies the petition, the denial shall not preclude the municipality
from filing another petition for expedited quiet title and foreclosure on that parcel. No
injunction shall issue to stay an expedited quiet title and foreclosure action under this
section. (Act 2012-517, p. 1533, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-7.htm - 1K - Match Info - Similar pages
11-70-7
Section 11-70-7 Proof of notice; objections. Prior to the circuit court hearing on the expedited
quiet title and foreclosure action, the municipality shall file with the clerk of the circuit
court proof of notice to the interested parties by certified and regular mail and of the posting
on the property under subdivision (2) of Subsection (a) of Section 11-70-5, along with proof
of notice by publication under Section 11-70-6, if applicable. An interested party who desires
to contest the petition shall file written objections with the clerk of the circuit court
and serve those objections on the municipality at least two weeks prior to the date of the
hearing. If the court denies the petition, the denial shall not preclude the municipality
from filing another petition for expedited quiet title and foreclosure on that parcel. No
injunction shall issue to stay an expedited quiet title and foreclosure action under this
chapter. (Act 2010-396, p. 644, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-7.htm - 1K - Match Info - Similar pages
11-70-6
Section 11-70-6 Notice by publication. If the municipality is unable to identify the names
and addresses of interested parties, or is unable to provide notice under Section 11-70-5,
the municipality shall apply to the circuit court for an order to allow notice by publication.
If so ordered, the municipality shall publish a notice once each week for three consecutive
weeks in a newspaper of general circulation in the county in which the property is located.
If no newspaper is published in that county, publication shall be made in a newspaper of general
circulation in an adjoining county. This publication shall substitute for notice under subdivision
(1) of subsection (a) of Section 11-70-5. The published notice shall include the information
listed in subsection (b) of Section 11-70-5. If the municipality discovers the name and address
of an interested party following publication, it shall notify that party of the expedited
quiet title and foreclosure action in accordance with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-6.htm - 1K - Match Info - Similar pages
11-70A-6
Section 11-70A-6 Notice by publication. If the municipality is unable to identify the names
and addresses of interested parties, or is unable to provide notice under Section 11-70A-5,
the municipality shall apply to the circuit court for an order to allow notice by publication.
If so ordered, the municipality shall publish a notice once each week for three consecutive
weeks in a newspaper of general circulation in the county in which the property is located.
If no newspaper is published in that county, publication shall be made in a newspaper of general
circulation in an adjoining county. This publication shall substitute for notice under subdivision
(1) of subsection (a) of Section 11-70A-5. The published notice shall include the information
listed in subsection (b) of Section 11-70A-5. If the municipality discovers the name and address
of an interested party following publication, it shall notify that party of the expedited
quiet title and foreclosure action in accordance with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-6.htm - 1K - Match Info - Similar pages
24-9-8
The court, on the request of a party or as needed to allow completion of service of process
on all interested persons, and to allow those persons 30 days after service of process to
file an answer or other responsive pleadings to the petition, may extend the 90-day period
for good cause shown. (e) The authority shall 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.
Such service shall be attempted by personal service and by certified mail; provided
if service is perfected by either method, the service will be sufficient to provide service
of process upon all persons having record title or interest in or lien upon the property.
If the persons entitled to service are located outside the county, they may be served by certified
mail. (f) The notice required under subsection (e) shall include: (1) The date on which the
authority recorded, under subsection (a), the notice of the pending quiet title...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
11-70A-2
property is located, a notice of its intention to file an expedited quiet title and foreclosure
action. The notice shall include a legal description of the property, street address of the
property if available, a statement that the property is subject to expedited quiet title and
foreclosure proceedings under this chapter, and a statement that those proceedings may extinguish
any legal interests in the property. As used herein, "interested parties" shall
mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any party with an interest in the property,
or in any part thereof, legal or equitable, in severalty or as tenant in common, including
a judgment creditor or other creditor having a lien thereon, or any part thereof. (b) The
municipality shall make a good faith effort to identify the interested parties and the addresses
at which they can be reached. The municipality shall be presumed to have made a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-2.htm - 2K - Match Info - Similar pages
11-70-2
property is located, a notice of its intention to file an expedited quiet title and foreclosure
action. The notice shall include a legal description of the property, street address of the
property if available, a statement that the property is subject to expedited quiet title and
foreclosure proceedings under this chapter, and a statement that those proceedings may extinguish
any legal interests in the property. As used herein, interested parties shall mean the owner,
his or her heirs or personal representatives, any mortgagee or purchaser of the subject
property or any part thereof, and any party with an interest in the property, or in any part
thereof, legal or equitable, in severalty or as tenant in common, including a judgment creditor
or other creditor having a lien thereon, or any part thereof. (b) The municipality shall make
a good faith effort to identify the interested parties and the addresses at which they can
be reached. The municipality shall be presumed to have made a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-2.htm - 2K - Match Info - Similar pages
11-70-5
Section 11-70-5 Notice of hearing. (a) Not less than 30 days before the date on which the hearing
on the quiet title and foreclosure petition is scheduled, the municipality shall do both of
the following: (1) Send a notice of the hearing to the interested parties identified under
subsection (b) of Section 11-70-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing, which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-5.htm - 2K - Match Info - Similar pages
11-70A-5
Section 11-70A-5 Notice of hearing. (a) Not less than 30 days before the date on which the
hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do
both of the following: (1) Send a notice of the hearing to the interested parties identified
under subsection (b) of Section 11-70A-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [THE MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-5.htm - 2K - Match Info - Similar pages
11-70-10
Section 11-70-10 Record of order. The municipality shall record the court's order in the probate
court following the 42-day period after the entry of the order if no appeal is filed or after
a final judgment on appeal from the decision of the circuit court on the municipality's petition
for an expedited quiet title and foreclosure action. (Act 2010-396, p. 644, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-10.htm - 676 bytes - Match Info - Similar pages
|