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43-6-8
Section 43-6-8 Action by state to recover personal property distributed without authority.
The state may enforce its right to any personal property to which it is entitled under the
provisions of this chapter by action against any person into whose possession the same may
come; and, if any personal representative pays any money or delivers any property to which
the state is, under the provisions of this chapter, entitled, to any person not authorized
to receive the same, such personal representative and his sureties are liable to the state
for the amount of such money or value of such property and interest thereon from the time
of such payment or delivery. (Code 1852, §2072; Code 1867, §2464; Code 1876, §2858; Code
1886, §1943; Code 1896, §1759; Code 1907, §3925; Code 1923, §7621; Code 1940, T. 16, §32.)...
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35-12-76
Section 35-12-76 Report of abandoned property. (a) A holder of property presumed abandoned
shall make a report to the Treasurer concerning the property. The report shall be filed electronically
and the monies remitted electronically. The Treasurer may grant an exception upon written
request as established by rule. A report should contain only tangible property or intangible
property. If a holder possesses both property types, two reports shall be filed. (b) The report
must be verified, balanced, and must contain, at a minimum, all of the following: (1) A description
of the property. (2) The date, if any, on which the property became payable, demandable, or
returnable, and the date of the last transaction with the apparent owner with respect to the
property. (3) Other information that the Treasurer by rule prescribes as necessary for the
administration of this article. (4) Except with respect to a traveler's check, money order,
or State of Alabama issued payment instruments, the name,...
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7-3-312
Section 7-3-312 Lost, destroyed, or stolen cashier's check, teller's check, or certified
check. (a) In this section: (1) "Check" means a cashier's check, teller's
check, or certified check. (2) "Claimant" means a person who claims the right to
receive the amount of a cashier's check, teller's check, or certified check that was lost,
destroyed, or stolen. (3) "Declaration of loss" means a written statement, made
under penalty of perjury, to the effect that (i) the declarer lost possession of a check,
(ii) the declarer is the drawer or payee of the check, in the case of a certified check, or
the remitter or payee of the check, in the case of a cashier's check or teller's check, (iii)
the loss of possession was not the result of a transfer by the declarer or a lawful seizure,
and (iv) the declarer cannot reasonably obtain possession of the check because the check was
destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an
unknown person or a person that...
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35-10-90
Section 35-10-90 Short title; application; definitions. (a) This article shall be known
as the Alabama Residential Mortgage Satisfaction Act. This article applies only to mortgages
securing residential real property located in this state which is used primarily for personal,
family, or household purposes and is improved by one to four dwelling units. Without limitation,
this article does not apply to mortgages on commercial or other types of property. This article
also does not apply to a security interest exclusively in one or more fixtures as defined
in Title 7, Article 9A. (b) For purposes of this article, the following terms shall have the
following meanings: (1) ENTITLED PERSON. The person or persons liable for payment or performance
of the obligation secured by the real property described in a security instrument. (2) EQUITY
LINE SECURITY INSTRUMENT. A security instrument securing, in whole or in part, indebtedness
created under a line of credit, a revolving or open-end credit...
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35-6-1
Section 35-6-1 Deposit of unclaimed money in county treasury; payment upon order of
court. (a) When a sale of premises is made, and no person appears to claim such portion of
the money as may belong to any nonresident or person whose name is unknown, the court shall
require such money to be deposited in the county treasury, subject to the further order of
the court. All money so required to be deposited shall be received by the county treasurer
and paid upon the order of the court. (b) When money is deposited in the county treasury under
the provisions of this chapter, the person or persons entitled to the same may, at any time,
apply to the court making the order of sale, and obtain an order for the same upon making
satisfactory proof to the court of his or her right thereto. (Code 1923, §§9336, 9337; Code
1940, T. 47, §§184, 185.)...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse
or, if none, the surviving child or children or, if none, the surviving parent or parents
of an abandoned property owner who has died intestate may claim the abandoned property under
this section, and will have a defeasible right to the property, if all of the following
conditions exist: (1) The aggregate value of the abandoned property held on behalf of the
owner, as established by rule, must not exceed the amount allowed in Section 43-2-692.
(2) The claim need not be accompanied by an order of a probate court if the claimant files
documentation established in the rules, including, but not limited to, a. a written confirmation
by the probate court that no estate has been opened or filed; b. an affidavit, signed by all
beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves
upon a division of the property; c. supporting documentation showing heir rights;...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all
of the provisions of this chapter shall be applicable to so much of the estates of nonresident
decedents as is subject to estate tax under the act of Congress in effect at the time of the
death of decedent as consists of real estate or tangible personal property located within
this state or other items of property or interest therein lawfully subject to the imposition
of an estate tax by the State of Alabama. (b) In assessing the tax upon any real estate or
tangible property located within this state belonging to the estate of a nonresident decedent,
which shall pass by will, devise or by the laws of intestacy, the Department of Revenue shall
determine the tax due to be such proportion of the federal estate tax as would be leviable
upon an estate of similar taxable net value, less that proportion of any exemption to which
the estate is entitled, which the actual value of the real estate and tangible...
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24-1A-42
Section 24-1A-42 Definitions. As used in this article, the following terms shall have
the following meanings: (1) ALABAMA HOME BUYERS INITIATIVE. A program that includes a conventional
mortgage program not to exceed one billion dollars ($1,000,000,000) in aggregate loan amount
to be administered by the program administrator, under which single family mortgage loans,
as defined in Section 24-1A-2, are purchased by the program administrator and sold
to the initial holder, and one or more alternative housing programs. No mortgage loan shall
be made to any person who is not a citizen of the United States or is not legally present
in the United States with appropriate documentation from the federal government. (2) ALTERNATIVE
HOUSING PROGRAM. Any program or other activity that is certified to the State Treasurer by
the program administrator under Section 24-1A-44(c)(2), that will be administered by
the program administrator, and that will promote home ownership in Alabama, including,...
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37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise
or other personal property are shipped to some point of delivery in this state over two or
more connecting lines of transportation companies, both or all of which are engaged in the
business of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article
unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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