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6-11-4
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment is structured
pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor
die before the final installment is paid, the remaining payments shall be made to the estate
of the decedent, or as otherwise directed by the court having jurisdiction over the estate.
(2) Where an installment payment is more than 15 days late, there shall be added to the amount
due for that installment interest from the date payment was due at the rate of 20 percent
per annum, compounded daily, and attorney's fee if necessary to collect the amount due. (3)
Upon motion of the judgment creditor, or his estate in the event of this death, the structure
may be terminated and all unpaid installments declared immediately due if the court finds
that the judgment debtor has exhibited a continuing pattern of failing to pay installments
when due or that there is a reasonable likelihood that future payments...
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11-88-88
Section 11-88-88 Redemption of property after sale - Applicant to deliver copies of improvement
assessment sale deed to probate judge; examination, etc., of deeds, etc., by probate judge;
mailing of copies of deed and warning to redeem to persons last assessed for ad valorem taxation
on property; entry in record of deeds of certificate of warning by probate judge; termination
of redemption rights. At the time of application for entry of such certificate of warning
to redeem, the applicant shall deliver to the probate judge three correct copies of the said
deed with a notation thereon of the deed book and page where recorded and shall pay to the
said probate judge a fee of $1.00. The said copies of the deed need not include any certificate
of acknowledgment. It shall thereupon be the duty of the said probate judge to promptly compare
the said copies with the record of such deed and, if such copies be found to be correct copies
of such record, it shall be the further duty of such probate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-88.htm - 2K - Match Info - Similar pages
40-10-122
Section 40-10-122 Manner of redemption when land sold to party other than state. THIS SECTION
WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE
THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) In order to obtain the redemption
of land from tax sales where the same has been sold to one other than the state, the party
desiring to make such redemption shall deposit with the judge of probate of the county in
which the land is situated the amount of money for which the lands were sold, with interest
payable at the rate of 12 percent per annum from date of sale, and, on the portion of any
excess bid that is less than or equal to 15 percent of the market value as established by
the assessing official, together with the amount of all taxes which have been paid by the
purchaser, which fact shall be ascertained by consulting the records in the office of the
tax collector, or other tax collecting official, with interest on the payment at 12...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
6-5-251
Section 6-5-251 Delivery of possession to purchaser on demand. (a) The possession of the land
must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if
in their possession or in the possession of anyone holding under them by privity of title,
within 10 days after written demand for the possession has been made by, or on behalf of,
the purchasers or purchaser's transferees. (b) If the land is in the possession of a tenant,
written notice must be given to the debtor or mortgagor, and the debtor or mortgagor must
direct the tenant to deliver possession or recognize the purchaser as his or her landlord
in the event the lease antedates the mortgage, judgment, or levy. If the debtor or mortgagor
cannot be found, notice to the tenant is sufficient and he must deliver possession within
10 days. (c) Failure of the debtor or mortgagor or anyone holding possession under him or
her to comply with the provisions of this section forfeits the right of redemption of...
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6-6-201
Section 6-6-201 Statement of assets - Order to appear before court for oral examination; production
of papers, etc. After the filing in court of such statement and such judgment remaining unsatisfied,
upon the filing in said court by the judgment creditor or the attorney of record for such
judgment creditor of an affidavit stating that such statement to the best of affiant's knowledge,
information, and belief does not contain a full, true, and correct statement and description,
of such assets as required in this division, the court shall make an order requiring such
judgment debtor or debtors, when the judgment is against a person or firm, or the agent or
agents of such debtor corporations to appear before such court on a day to be set by the court,
not less than 10 days' notice of which order shall be served upon such judgment debtor, to
submit to an oral examination, under oath, touching the nature, location, description, and
value of such assets and, to this end, may require the...
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8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-3.htm - 1K - Match Info - Similar pages
8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
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9-13-224
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title
to equipment. At least 60 days prior to the institution of condemnation proceedings as herein
provided, notice shall be given by the court to any creditor who is known to have a secured
interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to
this article. Such creditors may claim their property during said 60-day period. Thereafter,
the district attorney or other prosecuting officer of the judicial circuit upon receiving
such report shall at once institute, or cause to be instituted, condemnation proceedings in
the circuit court, in the same manner that he is directed by law to institute proceedings
for the condemnation and forfeiture of automobiles and other vehicles used in the illegal
transportation of alcoholic beverages. The legal title to any vehicle and other equipment
seized under this article shall be presumed to be vested with the person, firm, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-13-224.htm - 1K - Match Info - Similar pages
11-53B-10
Section 11-53B-10 Redemption of property. (a) Any real property heretofore or hereafter sold
for the satisfaction of an assessment lien imposed thereon by the governing body of a municipality
may be redeemed by the former owner, or his or her assigns, or other persons authorized to
redeem property sold for taxes by the state, within two years from the date of the sale by
depositing with the officer designated by the municipality to collect the assessments the
amount of money for which the lands were sold, with interest thereon at the rate of 12 percent
per annum from the date of the sale through the date of the payment. (b) In addition to any
other requirements set forth in this section, the proposed redemptioner must pay or tender
the purchaser or his transferee all insurance premiums paid or owed by the purchaser with
accrued interest on the payments computed from the date the premiums were paid at 12 percent
per annum through the date of payment. (c) In addition to any other...
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