40-10-185
Section 40-10-185 Tax lien not required to be offered as being against property of specific
person. When a tax lien is offered for auction or sale, it shall not be necessary to list,
auction, or sell it as being against the property of any specific person. The auction or sale
is not invalid by reason of the fact that the property was assessed in the name of a person
other than the rightful owner or to a person unknown, if the description and the uniform parcel
number of the real estate in the tax lien auction list is sufficient to identify it and the
amount of taxes, interest, penalties, fees, and costs for which its tax lien is to be auctioned
or sold. (Acts 1995, No. 95-408, p. 864, §7; Act 2018-577, §1.)...
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40-10-188
Section 40-10-188 Record of tax lien auctions and sales. The tax collecting official shall
make a correct record of all auctions and sales of tax liens in a durable book or an electronic
file, which shall be known as the record of tax lien auctions and sales, containing all of
the following: (1) The date of auction or sale. (2) A description of each parcel and uniform
parcel number on which a tax lien was auctioned or sold. (3) The year of assessment to which
the tax lien relates. (4) The name and address of the property owner for whom the property
was assessed, if known. (5) The name and address of the original purchaser of the tax lien.
(6) The total amount of taxes, interest, penalties, fees, and costs due on the tax lien, which
relate to the year of assessment, as described in Section 40-10-187, as of the date of the
auction or sale of the tax lien to the original purchaser. (7) The interest rate bid on by
the purchaser at the tax lien auction or as agreed by the purchaser at the...
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40-10-72
Section 40-10-72 When land sold is insufficiently described. In case of the sale of any real
estate, either for the collection of the taxes thereon or for the collection of other taxes
due by the owner thereof, said real estate shall be described in all the proceedings incident
to the condemnation and sale thereof, and in the certificate and deed issued to the purchaser
at said sale in the manner described in the assessment thereof, and in case of failure of
the tax collector to so describe said property in any part of said proceedings, certificate
or deed, by reason of which said deed may be held insufficient to convey the property intended
to be referred to, the said tax collector and the sureties on his official bond shall be liable
to the purchaser at said tax sale for all amounts paid by him for such land, together with
cost of suit for same. Should, however, the property be insufficiently described in the assessment
thereof, the said tax assessor and the sureties on his official...
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40-10-73
Section 40-10-73 Right of state or assignee to possession when lands are bid in for state;
redemption when lien is recorded. When the lands are bid in for the state at tax sales, the
state shall be entitled to possession of said lands immediately upon execution of the certificate
of sale by the judge of probate. If possession is not surrendered within six months from the
date of sale after demand therefor is made by the Land Commissioner in behalf of the state,
or if the certificate has been assigned by the assignee, then the Land Commissioner in the
name of the state or the assignee of the state, if the certificate has been assigned, may
maintain an action in ejectment or a statutory real action in the nature of ejectment or other
proper remedy for the recovery of the possession of the lands purchased at such sales and
shall be entitled to hold the possession thereof on recovery, subject, however, to all rights
of redemption provided for in this title. If the mortgage or other...
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40-10-134
Section 40-10-134 Manner of sale of land bid in by state. When lands have been sold for taxes
and bought in for the State of Alabama and have not been redeemed or sold by the state and
a period of five years has elapsed from the date of sale to the state, the Land Commissioner,
with the approval of the Governor, may sell the same at private sale to any purchaser for
cash at the best price obtainable, irrespective of the amount of taxes due, after giving notice
as provided for in Section 40-10-133; provided that the holder of a tax lien certificate related
to such land shall be given the option to purchase such land for an amount equal to the best
price offered by any purchaser at a private sale. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §317; Acts 1995, No. 95-408, p. 864, §2.)...
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40-5-19
Section 40-5-19 Sale of real property if personalty insufficient. When no personal property
can be found out of which the taxes of any delinquent taxpayer can be collected, or an amount
insufficient to fully satisfy such taxes, the real estate of such taxpayer or the real estate
upon which such taxes are a lien shall be sold for the payment thereof, or of the balance
due thereon, in the manner hereinafter prescribed. But the failure of the tax collector to
so exhaust such personal property shall not invalidate the sale of any real estate. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §208.)...
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40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another date is
specifically fixed by law, the lien shall arise at the time the assessment list, return therefor
or the payment thereof, as the case may be, was due to have been filed with or made to the
Department of Revenue or other agency of the state or county and shall continue until the
liability for such amount is satisfied or becomes unenforceable by reason of the lapse of
time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
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40-10-9
Section 40-10-9 Attendance of collector at trial; tax book and record of tax lien sales as
evidence. The tax collector shall attend the several terms of the probate court at which any
of the causes are triable and to have with him or her his or her tax book and his or her record
of tax lien sales kept pursuant to Acts 1995, No. 95-408, and the tax book and record of tax
lien sales shall, in all cases, be accepted as prima facie evidence of the amount of taxes
and fees due and that the same have been properly assessed and charged and are unpaid or have
been paid by the holder of a tax lien certificate. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §256; Acts 1995, No. 95-408, p. 864, §2.)...
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40-5-12
Section 40-5-12 Payments by purchasers, lien holders or mortgagees of real estate. A purchaser,
lien holder, or mortgagee of real estate or personal property included in an assessment with
other real estate or personal property of the person to whom the real estate or personal property
was assessed or subject to the lien of taxes upon other real estate or personal property shall
not be required to pay the entire amount of taxes due by the person or corporation to whom
such real estate or personal property purchased or on which a lien or mortgage is held is
assessed, but may discharge the tax lien against such real estate or personal property purchased
or on which a lien or mortgage is held by paying to the tax collector of the county in which
such taxes are due and payable the actual amount of taxes due on such real estate or personal
property purchased or in which a lien or mortgage is held based on the taxable value of such
purchased or encumbered property as assessed for taxation by...
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40-5-44
Section 40-5-44 Final settlements and payments by collectors. (a) On or before July 1 in each
year, the tax collector must make final settlement, under oath, with the Comptroller, of all
matters pertaining to the office of tax collector and pay over to the State Treasurer the
balance which may be found due from him or her for taxes with which he or she is chargeable
under the laws of the state, and at that time the tax collector must also account to the Comptroller
and pay over to the proper governmental authorities and any holder of a tax lien certificate
issued pursuant to Acts 1995, No. 95-408 all money received by the tax collector for the sale
of lands and other property which may have been sold for payment of taxes and also account
to the Comptroller for all lands bought by the state. The tax collector must also report under
oath to the Comptroller and pay over to the State Treasurer all escaped taxes assessed and
collected. For failure of any tax collector to make any of the...
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