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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...
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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-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
11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - 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.)...
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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
11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - 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...
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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
11-70-6
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...
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