6-9-40
Section 6-9-40 Real and personal property; equity of redemption therein. Executions may be
levied: (1) On real property to which the defendant has a legal title or a perfect equity,
having paid the purchase money, or in which he has a vested legal interest in possession,
reversion, or remainder, whether he has the entire estate or is entitled to it in common with
others. (2) On personal property of the defendant, except things in action, whether he has
the absolute title thereto or the right only to the possession thereof for his own life, the
life of another or any shorter period, but this does not apply to a possession acquired by
a bona fide hiring of chattels. (3) On an equity of redemption in either land or personal
property. When any interest less than the absolute title is sold, the purchaser is subrogated
to all the rights of the defendant and subject to all his disabilities. (Code 1852, §2455;
Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code...
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11-70-8
Section 11-70-8 Right to redeem; judgment. (a) If an interested party appears at the hearing
and asserts a right to redeem the property, the party may redeem the property by paying all
the taxes, interest, municipal liens, penalties, fees, and any other charges due and owing
pursuant to Chapter 10 of Title 40, including the amount due to the land commissioner had
the property not been sold to the municipality. (b) If an interested party appears and fails
to redeem, or if no one appears, the circuit court shall enter judgment on the petition not
more than 10 days after the date the matter was heard. (c) The judgment of the circuit court
shall specify all of the following: (1) The legal description, tax parcel identification number,
and, if known, the street address of the property foreclosed. (2) That fee simple title to
property foreclosed by the judgment is vested absolutely in the municipality, except as otherwise
provided in subdivision (5) without any further rights of redemption....
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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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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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35-11-233
Section 35-11-233 Assignment of lien; transfer of lien on real property to other security.
(a) Any claim for which a lien is provided in this division may be assigned; and the assignee
shall thereby be invested with all the rights of the original holder of the lien, and be entitled
to all his remedies to enforce them. The assignee shall have the right to consolidate all
such claims in one statement to be filed as herein provided; and the length of time for the
filing of said claim shall be measured by the greatest length of time for the filing of any
class of claims held by the assignee. (b) Any lien claimed on real property under this division
may be transferred by any person having an interest in the real property upon which the lien
is imposed or the contract under which the lien is claimed, from such real property to other
security by first filing with the court in which the action is brought, a copy of the lien
which has been duly filed and recorded as required by law, and by...
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35-11-211
Section 35-11-211 Priority of lien. (a) Such lien as to the land and buildings or improvements
thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent
to the commencement of work on the building or improvement. Except to the extent provided
in subsection (b) below, all liens, mortgages, and incumbrances (in this section, "mortgages
and other liens") created prior to the commencement of such work shall have priority
over all liens for such work. Enforcement of such lien of a mechanic, materialman, or other
person created by Section 35-11-210 (in this section, "mechanic or materialman lien")
shall not affect any prior mortgage or other lien, and the purchaser in connection with the
enforcement of such mechanic or materialman lien shall take the property subject to such prior
mortgages and other liens of which the purchaser has actual or constructive notice on the
date of the purchase. Foreclosure of any prior mortgage or other lien shall terminate...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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40-10-121
Section 40-10-121 Manner of redemption of land sold to 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 heretofore or hereafter sold to the state, the party desiring to make
such redemption shall apply therefor as hereinafter provided and 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 thereon at the rate of 12 percent, together with the amount of all
taxes found to be due on such land since the date of sale, as provided herein, with interest
at the rate of 12 percent and all costs and fees due to officers. (b) Upon application to
the probate judge to redeem land where the same has been sold to the state for taxes, which
application shall be made on blank forms to be furnished by the Land...
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11-94-12
Section 11-94-12 Bonds of authority - Indenture; lien; remedies of bondholders. In the discretion
of its board, any bonds issued by an authority may be secured by an indenture between an authority
and a trustee, which may be any trust company or bank having trust powers, whether such bank
or trust company is located within or without the state. In any such indenture or resolution
providing for the issuance of bonds an authority may pledge, for payment of the principal
of and the interest on such bonds, any of its revenues to which its right then exists or may
thereafter come into existence and may assign, as security for such payment, any of its leases,
franchises, permits and contracts; and in any such indenture, an authority may mortgage any
of its properties, including any that may be thereafter acquired by it, and may provide that
in the event of a default in payment of the bonds secured thereby or in the event of default
with respect to any agreement contained therein, such...
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34-3-6
Section 34-3-6 Who may practice as attorneys. (a) Only such persons as are regularly licensed
have authority to practice law. (b) For the purposes of this chapter, the practice of law
is defined as follows: Whoever, (1) In a representative capacity appears as an advocate or
draws papers, pleadings, or documents, or performs any act in connection with proceedings
pending or prospective before a court or a body, board, committee, commission, or officer
constituted by law or having authority to take evidence in or settle or determine controversies
in the exercise of the judicial power of the state or any subdivision thereof; or (2) For
a consideration, reward, or pecuniary benefit, present or anticipated, direct or indirect,
advises or counsels another as to secular law, or draws or procures or assists in the drawing
of a paper, document, or instrument affecting or relating to secular rights; or (3) For a
consideration, reward, or pecuniary benefit, present or anticipated, direct or...
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