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35-10-12
Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds.
Where a power to sell lands is given in any mortgage, the power is part of the security and
may be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured. A conveyance of the lands sold under
such power of sale to the purchaser at the sale may be executed by the mortgagee, their agents,
attorneys or any person making the sale. Such conveyance vests the legal title of the lands
sold under the power of sale to the purchaser at the sale. Probate judges shall index foreclosure
deeds by the name of the original grantor and grantee in the mortgage, deed of trust, or other
conveyance intended to secure the payment of money, and also by the names of the grantor and
grantee in the foreclosure deed. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479 §2.)...
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35-10-2
Section 35-10-2 Sale under power where instrument silent as to place or terms of sale.
If a deed of trust or mortgage, with power of sale, is silent as to the place or terms of
sale, or as to the character or mode of notice, a sale may be made at the courthouse door
of the county wherein the land is situated, after condition broken, for cash to the highest
bidder, after 30 days' notice of the time, place and terms of sale by publishing such notice
once a week for four consecutive weeks in a newspaper published in the county wherein said
lands or property in said mortgage or deed of trust are situated. (Code 1923, §9011; Code
1940, T. 47, §165.)...
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40-10-1
Section 40-10-1 When probate court may order sale. The probate court of each county
may order the sale of lands therein for the payment of taxes assessed on the lands, or against
the owners of the lands, when the tax collector shall report to the court that he or she or
the holder of a tax lien issued pursuant to Acts 1995, No. 95-408 was unable to collect the
taxes assessed against the land, or any mineral, timber or water right or special right, or
easement therein, or the owner thereof, without a sale of the land. (Acts 1935, No. 194, p.
256; Code 1940, T. 51, §249; Acts 1995, No. 95-408, p. 864, §2.)...
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40-12-101
Section 40-12-101 Fire, closing out, etc., sales. Each person, other than the original
bona fide owners, selling goods, wares, or merchandise as an insurance, bankruptcy, mortgage,
insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal, or closing
out sale, or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise,
shall pay a license tax of $100. The provisions of this section shall not apply to
sheriffs, constables, or other public or court officers or to any other persons acting under
the license, discretion, or authority of any court, state or federal, selling goods, wares,
or merchandise in the course of their official duties. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §525.)...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale.
(a) If the executor or administrator fails, within the time required by law, to report any
sale of lands made by him under the provisions of this article, the purchaser, or his heirs,
or any other person claiming under him directly or derivatively, may, on motion in the probate
court, have citation to issue to such executor or administrator, citing him to appear within
20 days from the date of the service of the citation, and report the sale; and if such executor
or administrator is then a nonresident of the state, or his place of residence is unknown
to the party asking for the citation, the court, on affidavit being made of either of these
facts, must cause service of such citation to be made by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
in the newspaper published nearest to the courthouse of such county. (b) If...
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35-4-381
Section 35-4-381 Sale of right to quarry limestone and clay. The Governor may sell the
right to quarry limestone and clays necessary or proper for the manufacture of cement upon
the following lands: Sections 21 and 28, township 5 N., range 2 E., or any part thereof. He
may sell the said rights for such price and upon such terms as to him appear just and reasonable.
The sale of such rights shall confer upon the purchaser landing privileges, all necessary
rights-of-way for the purpose of quarrying the material and moving the same, and all rights
and privileges which are necessary for the enjoyment of the rights granted; but the state
shall retain possession of the lands and have the right to the use and enjoyment thereof for
every other purpose whatever. (Code 1907, §884; Code 1923, §1495; Code 1940, T. 47, §51.)...
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6-6-164
Section 6-6-164 Claims based on mortgage or lien; ascertainment of amount; payment by
plaintiff; sale of property and application of proceeds. When the claim interposed is based
on a mortgage or lien, the claimant must state in his affidavit the nature of the right which
he claims; and, in case such claim is sustained on the trial, the amount of it, whether then
due or not, with interest to the date of the trial, must be ascertained by the jury or judge,
as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay
to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and
in such case the property shall be sold as well for the payment of the debt secured by the
mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff's judgment,
the proceeds of the sale to be applied first, after payment of the costs, to reimburse the
plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases
shall have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a.
The person who last appears as owner of the real property in the county office of the judge
of probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an
interest in the real property, or in any part thereof, legal or equitable, in severalty or
as tenant in common, whose identity and addresses are reasonably ascertainable from the records
of the Class 2 municipality or records maintained in the county office of the judge of probate
or as revealed by a full title search, consisting of 50 years or more. g. An...
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3-5-6
Section 3-5-6 Taking up of livestock or animals running uncontrolled on lands of another
by owner, etc., of said lands; notification of owner of livestock or animals generally. Any
person who is the owner of or in the lawful possession of any land or the agent of any such
person shall have the right to take possession of any livestock or animal found at large,
uncontrolled, on his premises or on premises of which he has charge and the owner of such
livestock or animal, when so taken up, shall be personally notified or, if the owner cannot
be found, the owner may be notified by leaving a written notice at the usual place of residence
of such owner, within 24 hours after the taking up of such livestock or animal, and by posting
notice as provided in Section 3-5-8. Anything in this chapter to the contrary notwithstanding,
the word "uncontrolled," as used in this chapter shall in no case be construed to
prohibit the driving of any animal or stock over, upon or along the public streets and...
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35-10-13
Section 35-10-13 Notice of sale; minimum standards. Notice of said sale shall be given
in the county where said land is located. Notice of all sales under this article shall be
given by publication once a week for three successive weeks in a newspaper published in the
county or counties in which such land is located. If there is land under the mortgage in more
than one county the publication is to be made in all counties where the land is located. The
notice of sale must give the time, place and terms of said sale, together with a description
of the property. If no newspaper is published in the county where the lands are located, the
notice shall be placed in a newspaper published in an adjoining county. The notice shall be
published in said adjoining county for three successive weeks. (Acts 1988, 1st Ex. Sess.,
No. 88-906, p. 479, §3.)...
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