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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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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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45-10-234.4
Section 45-10-234.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The owner of any
abandoned or stolen personal property recovered by the Cherokee County Sheriff's Office, including
firearms, may claim the property at any time prior to its sale by submitting sufficient proof
of ownership as determined by the sheriff. The sheriff may require the owner to pay a pro
rata share of the costs, if any, of publication of notice of the sale of the property. (Act
2018-79, §5.)...
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6-9-81
Section 6-9-81 Indemnity bond. (a) When a reasonable doubt exists whether the personal property
levied on belongs to the defendant or whether personal property alleged to be his is subject
to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of
indemnity, and if it is not given within 10 days thereafter, he may restore the property to
the defendant, if levied on, or decline to levy, if one has not been made; but he may be required
to levy and sell at any time thereafter on being indemnified. (b) If any party having the
prior lien refuses to give such indemnity on demand of the sheriff, the party having the next
lien in order may give it and have the property sold for his benefit. (Code 1852, §§2444,
2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code
1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T.
7, §§533, 534.)...
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9-13-184
Section 9-13-184 Participation by county commissions in fire protection program of State Forestry
Commission - Assessments against owners of forestlands for costs - Time and manner of payment;
reports to tax assessors; lien on property for payment. Any assessment fixed as provided in
Section 9-13-183 shall be payable at the same time and in the same manner as county taxes,
and the owner of the forestlands, as defined in this division, in those counties becoming
subject to the provisions of this division shall make report of same to the tax assessor of
the county at the time fixed by law for making return of other property of such property owner.
Assessments made pursuant to this division shall constitute a lien on the property against
which they are assessed and, in case of default in the payment of such assessments, the land
may be sold in the same manner and under the same conditions that lands are sold for the satisfaction
of liens for county taxes. (Acts 1955, No. 552, p. 1208,...
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9-13-196
Section 9-13-196 Failure to pay assessment; penalty; lien on property. (a) An owner or lessee
of forest land who fails to pay, upon reasonable notice, any assessment levied under this
article shall, in addition to the assessment, be subject to a per acre penalty as established
by the commission's rules and regulations. (b) Any finance charge, fee, or assessment levied
shall constitute a lien on the property against which it is levied. In case of default in
the payment of such finance charge, fee, or assessment, the subject land may be sold in the
same manner and under the same conditions that lands are sold for the satisfaction of liens
for county ad valorem taxes, provided, however, no sale of the subject land may occur within
three years from the date of said default, and redemption from such sale may be effected in
the same manner as is provided by law for redemption where land is sold for nonpayment of
ad valorem taxes. (Acts 1989, No. 89-652, p. 1292, §9; Acts 1991, No. 91-670,...
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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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27-41-30
Section 27-41-30 Particular investments - Loans, notes, etc., secured by mortgages and leases
on real property. An insurer may invest in loans, notes, bonds, or other evidences of indebtedness
of any person up to the fair value of real property securing said indebtedness, upon compliance
with the following conditions and provisions: (1) The indebtedness must be secured by a first
mortgage lien on real property having a fair value of not less than the principal amount of
the loan, except as provided in subdivision (8) of this section; (2) The indebtedness must
be additionally secured by a lease on said real property, which lease must be assigned and
transferred by the lessor to the lender or to a trustee of the lender under a trust instrument;
(3) The lease so assigned as additional security must be noncancellable and may be terminated
only upon such conditions as are generally provided in commercial leases, such as, for example,
destruction by fire, tornado, or similar hazard or...
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35-10-22
Section 35-10-22 Partial payments - When entered on margin of record. A mortgagee or the assignee
or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui
que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage
or deed of trust is of record, must, upon request in writing to enter the date and amount
of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of
the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the
mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin
of the record of the mortgage or deed of trust the date and amount of such partial payment
or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee
or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if
the mortgage or deed of trust is of record, must, upon request in...
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35-11-311
Section 35-11-311 Enforcement of lien. For the enforcement of such lien, the owner of such
boom, bulkhead, piles or other structure, may have process of attachment from any court having
jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or
stick of timber or wood upon which the lien exists: (1) When such claim is due and the defendant,
on demand, fails or refuses to pay the same. (2) Whether such claim is due or not, when the
defendant has removed, or there is good reason to believe he is about to remove any of the
property on which the lien declared in Section 35-11-310 exists, without paying such charges.
(Code 1896, §2785; Code 1907, §4819; Code 1923, §8911; Code 1940, T. 33, §74.)...
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