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11-53B-13
Section 11-53B-13 Application for entry of certificate. At the time of application for entry
of the certificate of warning to redeem, the applicant shall deliver to the judge of probate
three certified copies of the recorded deed and shall pay to the judge of probate a fee of
one dollar ($1). Copies of the deed need not include any certificate of acknowledgment. The
applicant shall also deliver to the judge of probate a certified copy of the ad valorem tax
assessment records of the county containing the name of the person or persons other than the
grantee in the deed to whom the property described in the deed was last finally assessed for
ad valorem taxation, together with the address of each person as shown by the tax assessment
records, or an affidavit that there is no one else. The judge of probate shall promptly mail
to each person at such address one of the aforesaid certified copies of the deed, together
with an attached warning to redeem in substantially the following form:...
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11-53B-12
Section 11-53B-12 Certificate of warning to redeem. At any time after an assessment sale deed
has been recorded in the office of the judge of probate of the county in which the property
therein described lies and after expiration of the fixed two-year period of redemption allowed
by Section 11-53B-10, any person may apply to the judge of probate for the certificate of
warning to redeem, which references the recorded volume and page number of the deed to be
recorded in the real estate records, in substantially the following form: "I hereby certify
that on or prior to the date of this certificate, I mailed a certified copy of the deed here
recorded, together with notice that the same is here recorded, and a warning to redeem to
each of the one or more persons other than the grantee in said deed, to whom the property
therein described was last finally assessed for ad valorem taxation at the address of each
such person as shown by said ad valorem tax assessment records. This ___ day of...
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40-10-31
Section 40-10-31 Removal of cloud upon title to real estate erroneously sold for taxes. Where
real estate is erroneously sold for taxes and the state became the purchaser thereof, it shall
be the duty of the tax collector of the county in which the real estate is situated to prepare
and issue a certificate setting forth the following facts: (1) A correct description of the
real estate sold and purchased by the state, (2) That the sale was erroneous and the reason
therefor, and (3) The present owner of the property, if known. This certificate shall be forthwith
forwarded to the Land Commissioner of the state; and, if it is determined by him that the
facts therein set out are true and correct, he shall approve the same and forward the same
to the judge of probate of the county in which the property is situated, who shall note on
the margin of the record of such sale the fact that the Land Commissioner has approved the
cancellation of the same, and he shall mark the sale void and sign his...
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40-10-72
Section 40-10-72 When land sold is insufficiently described. In case of the sale of any real
estate, either for the collection of the taxes thereon or for the collection of other taxes
due by the owner thereof, said real estate shall be described in all the proceedings incident
to the condemnation and sale thereof, and in the certificate and deed issued to the purchaser
at said sale in the manner described in the assessment thereof, and in case of failure of
the tax collector to so describe said property in any part of said proceedings, certificate
or deed, by reason of which said deed may be held insufficient to convey the property intended
to be referred to, the said tax collector and the sureties on his official bond shall be liable
to the purchaser at said tax sale for all amounts paid by him for such land, together with
cost of suit for same. Should, however, the property be insufficiently described in the assessment
thereof, the said tax assessor and the sureties on his official...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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11-50-170
Section 11-50-170 Authorized; terms; adoption of resolutions authorizing transfer. (a) Every
public corporation heretofore or hereafter organized or created in this state pursuant to
authorization or determination by a municipality or its governing body, which public corporation
now or hereafter owns a water system or systems, and any municipality in this state in which
any part of such water system or systems is situated are each hereby authorized, without the
necessity of an election of qualified voters of any such municipality or of any other approval
or proceeding other than those specifically prescribed in this article, to transfer and convey
such system or systems and all right, title, and interest therein, including, without limitation,
all reversionary, residuary, or remainder rights provided by law to any other public corporation,
the certificate of incorporation of which was filed in the office of the probate judge of
the same county in which was filed the certificate of...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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35-11-46
Section 35-11-46 Duties of filing officer. (a) If a notice of a federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) is presented for filing, the filing officer shall cause the notice to be marked, held,
and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial
Code, as if the notice were a financing statement within the meaning of that Code, and if
the filing officer is the judge of probate, the filing officer also shall cause the notice
to be cross-indexed in the real estate mortgage records under the name of the person against
whose interest the lien applies in the same fashion as if such person were the mortgagor in
a mortgage of real estate and also under the name of the person claiming the lien as if such
person were the mortgagee thereunder. (b) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the filing officer for...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before the
commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
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