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40-10-29
Section 40-10-29 Deeds - Delivered to purchaser. After the expiration of three years
from the date of the sale of any real estate for taxes, the judge of probate then in office
must execute and deliver to the purchaser, other than the state, or person to whom the certificate
of purchase has been assigned, upon the return of the certificate, proof that all ad valorem
taxes have been paid, and payment of a fee of five dollars ($5) to the judge of probate, a
deed to each lot or parcel of real estate sold to the purchaser and remaining unredeemed,
including therein, if desired by the purchaser, any number of parcels, or lots purchased by
him at such sale; and such deed shall convey to and vest in the grantee all the right, title,
interest and estate of the person whose duty it was to pay the taxes on such real estate and
the lien and claim of the state and county thereto, but it shall not convey the right, title
or interest of any reversioner or remainderman therein. (Acts 1935, No. 194,...
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40-10-31
Section 40-10-31 Removal of cloud upon title to real estate erroneously sold for taxes.
Where real estate is erroneously sold for taxes and the state became the purchaser thereof,
it shall be the duty of the tax collector of the county in which the real estate is situated
to prepare and issue a certificate setting forth the following facts: (1) A correct description
of the real estate sold and purchased by the state, (2) That the sale was erroneous and the
reason therefor, and (3) The present owner of the property, if known. This certificate shall
be forthwith forwarded to the Land Commissioner of the state; and, if it is determined by
him that the facts therein set out are true and correct, he shall approve the same and forward
the same to the judge of probate of the county in which the property is situated, who shall
note on the margin of the record of such sale the fact that the Land Commissioner has approved
the cancellation of the same, and he shall mark the sale void and sign his...
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40-10-120
Section 40-10-120 When and by whom land may be redeemed. (a) Real estate which hereafter
may be sold for taxes and purchased by the state may be redeemed at any time before the title
passes out of the state or, if purchased by any other purchaser, may be redeemed at any time
within three years from the date of the sale by the owner, his or her heirs, or personal representatives,
or by any mortgagee or purchaser of such lands, or any part thereof, or by any person having
an interest therein, or in any part thereof, legal or equitable, in severalty or as tenant
in common, including a judgment creditor or other creditor having a lien thereon, or on any
part thereof; and an infant or insane person entitled to redeem at any time before the expiration
of three years from the sale may redeem at any time within one year after the removal of the
disability; and such redemption may be of any part of the lands so sold, which includes the
whole of the interest of the redemptioner. If the mortgage...
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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...
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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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11-92C-15
Section 11-92C-15 Failure to pay past due assessments. If any user, lessee, or owner
of the project fails to pay when due, with time being of the essence, any assessments or fees
due under this chapter, including, but without limitation, any payments in lieu of taxes,
collectively "past due assessment," then the authorizing subdivision or authority,
or their designated agents, collectively the "fee collector," may commence proceedings
to foreclose on the land and improvements of the user, lessee, or owner of the project having
land within the State of Alabama, subject to the terms of any executed agreement between the
fee collector and the user, lessee, or owner of the project, as follows: (1) A fee collector
shall send a letter by means of United States certified mail, return receipt requested, to
the last known address of the user, owner, or lessee of the project. The address of the user,
owner, or lessee as shown in the tax assessment records of the tax assessor or revenue...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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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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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For
the purpose of this division, the following terms shall have the respective meanings ascribed
by this section: (1) PERSON or COMPANY. Used interchangeably, includes any individual,
firm, copartnership, association, corporation, receiver, trustee, or any other group or combination
acting as a unit and the plural as well as the singular number, unless the intention to give
a more limited meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama.
(4) TAX YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit
sales and the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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