8-9A-6
Section 8-9A-6 When transfer is made. For the purposes of this chapter: (1) A transfer is made:
a. With respect to an asset that is real property other than a fixture, but including the
interest of a seller or purchaser under a contract for the sale of the asset, when the transfer
is so far perfected that a good-faith purchaser of the asset from the debtor against whom
applicable law permits the transfer to be perfected cannot acquire an interest in the asset
that is superior to the interest of the transferee; and b. With respect to an asset that is
not real property or that is a fixture, when the transfer is so far perfected that a creditor
on a simple contract cannot acquire a judicial lien otherwise than under this chapter that
is superior to the interest of the transferee; (2) If applicable law permits the transfer
to be perfected as provided in subdivision (1) and the transfer is not so perfected before
the commencement of an action for relief under this chapter, the transfer is...
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8-9B-7
Section 8-9B-7 When transfer is made. For the purposes of this chapter: (1) a transfer is made:
(i) with respect to an asset that is real property other than a fixture, but including the
interest of a seller or purchaser under a contract for the sale of the asset, when the transfer
is so far perfected that a good-faith purchaser of the asset from the debtor against which
applicable law permits the transfer to be perfected cannot acquire an interest in the asset
that is superior to the interest of the transferee; and (ii) with respect to an asset that
is not real property or that is a fixture, when the transfer is so far perfected that a creditor
on a simple contract cannot acquire a judicial lien otherwise than under this chapter that
is superior to the interest of the transferee; (2) if applicable law permits the transfer
to be perfected as provided in paragraph (1) and the transfer is not so perfected before the
commencement of an action for relief under this chapter, the transfer is...
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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means a claim
that a claimant has a property interest in a financial asset and that it is a violation of
the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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15-13-156
Section 15-13-156 Filing of lien in default cases - Release. (a) Clerks of all courts of the
state and its subdivisions may file the "lien and affidavit" form in the probate
court of the county where the property is located immediately after a final forfeiture is
ordered by any court of the State of Alabama or its subdivisions. The probate court shall
file and record it in its real property recordings and there shall be no charge to the city
or state assessed or collected. (b) In all final forfeiture cases of property bail, where
the judgment has been satisfied by the sureties or the court has set aside the final forfeiture
and the sureties liability has been discharged by law, the clerk of the court shall see that
any "lien and affidavit" form previously filed is so cancelled. The clerk may cancel
it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and
recorded by the judge of probate of the county where the property is located. The probate
court...
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26-1A-204
Section 26-1A-204 Real property. (a) Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to real property authorizes
the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension
of credit, or otherwise acquire or reject an interest in real property or a right incident
to real property; (2) sell; exchange; convey with or without covenants, representations, or
warranties; quitclaim; release; surrender; retain title for security; encumber; partition;
consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or
other governmental permits; plat or consent to platting; develop; grant an option concerning;
lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise
grant or dispose of an interest in real property or a right incident to real property; (3)
pledge or mortgage an interest in real property or right incident to...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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12-13-22
Section 12-13-22 Requirement to redact, remove, etc., Social Security number or birthdate on
certain documents; electronic availability of records. (a) Before recording any document,
with the exception of federal and state tax liens, as public record with the probate court
that conveys any interest in real or personal property or purports to encumber an interest
in real or personal property, or any other document, including military discharge forms, that
is filed as a public record in the probate court, the person submitting the document for recordation
shall redact, remove, or otherwise make illegible any Social Security number appearing in
the document. Removal of the Social Security number shall be a condition to filing the document.
(b) Before recording any document, with the exception of federal and state tax liens, as public
record with the probate court that conveys any interest in real or personal property or purports
to encumber an interest in real or personal property, the...
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7-9A-501
Section 7-9A-501 Filing office. (a) Filing offices. Except as otherwise provided in subsection
(b), if the local law of this State governs perfection of a security interest or agricultural
lien, the office in which to file a financing statement to perfect the security interest or
agricultural lien is: (1) the office designated for the filing or recording of a record of
a mortgage on the related real property, if: (A) the collateral is as-extracted collateral
or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral
is goods that are or are to become fixtures; or (2) the office of the Secretary of State,
in all other cases, including a case in which the collateral is goods that are or are to become
fixtures and the financing statement is not filed as a fixture filing. (b) Filing office for
transmitting utilities. The office in which to file a financing statement to perfect a security
interest in collateral, including fixtures, of a transmitting...
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18-1A-30
Section 18-1A-30 Expenses incidental to transfer of title; interest on award. (a) As soon as
practicable after payment of the purchase price, or payment of, or deposit in probate court,
of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor
shall pay, or reimburse the owner for, any reasonable and necessarily incurred expenses for:
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property
to the condemnor; (2) Penalty costs for prepayment of any debt secured by a preexisting lien,
entered into or created in good faith, encumbering the property; and (3) The prorated portion
of property taxes allocable to a period after the date of vesting of title in, or the effective
date of possession of the property by the condemnor, whichever is earlier. (b) In the event
of an appeal to the circuit court, the condemnor shall pay the owner interest upon any part
of the award deposited in probate court and not made available to...
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32-20-32
Section 32-20-32 Involuntary transfer of interest. (a) If the interest of an owner in a manufactured
home passes to another other than by voluntary transfer, the transferee, except as hereinafter
provided in subsection (b), shall promptly mail or deliver to a designated agent the last
certificate of title, if available, and proof of the transfer, together with his or her application
for a new certificate in the form the department prescribes. If the interest of an owner in
a manufactured home passes to another other than by voluntary transfer, and the manufactured
home is permanently affixed to the real property and the owner of the manufactured home and
the real property are the same then the transferee, except as hereinafter provided in subsection
(b), shall promptly mail or deliver to a designated agent the last certificate of title, if
available, and proof of the transfer, together with his or her application for a certificate
of cancellation in the form the department prescribes....
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