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40-10-199
Section 40-10-199 Retention of tax liens not sold at auction; private tax lien sales; reporting.
(a) Tax liens that are not sold at the tax lien auction conducted by the tax collecting official
shall be separated in the tax lien auction list as prescribed by Section 40-10-183 and the
county shall retain the lien pursuant to Section 40-1-3. The tax collecting official, within
45 days after the tax lien auction date, may sell at private sale an unsold tax lien for no
less than all taxes, interest, penalties, costs, and fees. The purchaser at private sale shall
be entitled to interest on the amount paid at a rate agreed to by the tax collecting official,
not to exceed 12 percent. All private tax lien sales shall be entered in the record of tax
lien auctions and sales, as provided in Section 40-10-188. (b) All tax liens that remain unsold
by the tax lien auction or sale shall be included in all future tax lien auctions or sales
until sold. (c) Any tax lien that does not sell at auction...
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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee 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 instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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40-10-193
Section 40-10-193 Redemption. (a)(1) Tax liens auctioned or sold may be redeemed by any of
the following: a. The owner, including a partial owner under Section 40-10-195, or his or
her heirs or personal representative. b. Any mortgagee or purchaser of the property or any
portion of the property. c. Any other person listed under subsection (a) of Section 40-10-120,
if the property had been sold for taxes. (2) Property may be redeemed under subdivision (1)
by payment to the tax collecting official of the amount specified on the tax lien certificate
as the total amount of delinquent tax, interest, penalties, fees, and costs paid to purchase
the tax lien, plus interest at the rate specified in the tax lien certificate, plus any due
and owing taxes, interest, penalties, fees, and costs due. The tax collecting official shall
provide a separate receipt for any current taxes, interest, penalties, fees, or costs paid.
(b) Statutory fees paid by the holder of the tax lien certificate in...
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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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8-9A-6
Section 8-9A-6 When transfer is made. For the purposes of this chapter: (1) A transfer is made:
a. With respect to an asset that is real property other than a fixture, but including the
interest of a seller or purchaser under a contract for the sale of the asset, when the transfer
is so far perfected that a good-faith purchaser of the asset from the debtor against whom
applicable law permits the transfer to be perfected cannot acquire an interest in the asset
that is superior to the interest of the transferee; and b. With respect to an asset that is
not real property or that is a fixture, when the transfer is so far perfected that a creditor
on a simple contract cannot acquire a judicial lien otherwise than under this chapter that
is superior to the interest of the transferee; (2) If applicable law permits the transfer
to be perfected as provided in subdivision (1) and the transfer is not so perfected before
the commencement of an action for relief under this chapter, the transfer is...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) 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, and deeds and other instruments or conveyances,...
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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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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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8-15-33
Section 8-15-33 Lien of owner, etc., of self-service storage facility upon personal property
located at facility. Where a rental agreement, as defined in subdivision (7) of Section 8-15-31,
is entered into between the owner and the occupant, the owner of a self-service storage facility
and his heirs, executors, administrators, successors, and assigns shall have a lien upon all
personal property located at a self-service storage facility for rent, labor, or other charges,
present or future, in relation to the personal property and for expenses necessary for its
preservation or expenses reasonably incurred in its sale or other disposition pursuant to
this article. The lien attaches as of the date the personal property is brought to the self-service
storage facility and continues so long as the owner retains possession and until the default
is corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy
the lien. The lien provided for in this section is superior...
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