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40-10-28
Section 40-10-28 Disposition of excess arising from sale. (a)(1) The excess arising from the
sale of any real estate remaining after paying the amount of the decree of sale, including
costs and expenses subsequently accruing, shall be paid over to a person or entity who has
redeemed the property as authorized in Section 40-10-120 or any other provisions of Alabama
law authorizing redemption from a tax sale, provided proof that the person or entity requesting
payment of the excess has properly redeemed the property is presented to the county commission
within three years after the tax sale has occurred. The county commission may retain any interest
earned on those funds. Until and unless the property is redeemed, the excess funds from the
tax sale shall be held in a separate account in the county treasury during the three-year
period. If at the end of the three-year period there has been no proper request for the excess
funds, those funds and any interest earned on those funds shall be...
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43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-61.htm - 1K - Match Info - Similar pages
11-48-56
Section 11-48-56 Application for entry of certificate of warning to redeem upon record of local
improvement assessment sale deed; contents of certificate. At any time after a local improvement
assessment sale deed has been recorded in the office of the probate judge of the county in
which the property therein described lies and after expiration of the fixed two-year period
of redemption allowed by Section 11-48-54, any person may apply to such probate judge for
entry upon the margin of the record of such deed of a certificate of warning to redeem in
substantially the following form: "I hereby certify that on or prior to the date of this
certificate, I mailed a compared copy of the deed here recorded, together with notice that
the same is here recorded, and a warning to redeem to each of the one or more persons other
than the grantee in said deed, to whom the property therein described was last finally assessed
for ad valorem taxation at the address of each such person as shown by said...
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40-10-7
Section 40-10-7 Partial payment of taxes prior to sale of property. The tax collectors of the
several counties of the state are authorized and required to accept any moneys tendered to
them in partial payment of ad valorem taxes collectible by them at any time before the decree
of sale of the properties liable therefor; provided, that said payment shall be an amount
not less than one fourth of the total amount of taxes due, unless payment is made as provided
in Section 40-5-13; provided, that no such payment shall be made, nor shall same be accepted
by the tax collectors, unless such payment shall amount to at least one fourth of the total
amount of taxes due on October 1 of each year. They shall credit the amount so paid first
upon accrued interest and then upon the principal of the taxes owing. They shall give to the
person paying the same a receipt for the amount so paid. Nothing herein shall be construed
to postpone the payment of such taxes nor to waive any lien or right of...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-22-2.htm - 16K - Match Info - Similar pages
40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before the
commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-11.htm - 2K - Match Info - Similar pages
45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or release, affidavit, marriage license,
official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer,
assignment, satisfaction, declaration of vacation bond to indemnify, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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