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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-102.htm - 29K - Match Info - Similar pages
35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-451.htm - 6K - Match Info - Similar pages
13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest,
as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon,
or by which any person or property is transported on land, water, or in the air, and such
term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled
by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY.
Any money, tangible or intangible personal property, property (whether real or personal)
the location of which can be changed (including things growing on, affixed to, or found in
land and documents, although the rights represented hereby have no physical location), contract
right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing
of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam,
and water, constitute property, but the supplying of such a commodity to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-1.htm - 8K - Match Info - Similar pages
7-3-311
Section 7-3-311 Accord and satisfaction by use of instrument. (a) If a person against whom
a claim is asserted proves that (i) that person in good faith tendered an instrument to the
claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated
or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument,
the following subsections apply. (b) Unless subsection (c) applies, the claim is discharged
if the person against whom the claim is asserted proves that the instrument or an accompanying
written communication contained a conspicuous statement to the effect that the instrument
was tendered as full satisfaction of the claim. (c) Subject to subsection (d), a claim is
not discharged under subsection (b) if either of the following applies: (1) The claimant,
if an organization, proves that (i) within a reasonable time before the tender, the claimant
sent a conspicuous statement to the person against whom the claim is asserted that...
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35-10-20
Section 35-10-20 When indebtedness presumed to have been paid. As to third parties without
actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage,
or reservation of vendor's lien, either in deed of conveyance or note, bond or contract of
purchase covering real estate 20 years past due according to the original maturity date, or
some new date fixed by a duly recorded extension agreement, shall be conclusively presumed
to have been paid unless the record of such mortgage or lien shows a credit by the mortgagee,
or lienee, or owner of the debt, or his assignee of one or more payments upon such indebtedness
within the 20 years last passed. And if the final maturity date of the debt is not shown by
the mortgage or lien, or a recorded extension agreement, or cannot be determined by calculation
from the recitals contained therein, then the time shall run from the date of the mortgage
or lien. The notation of credits mentioned in the next preceding...
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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-29.htm - 1K - Match Info - Similar pages
40-7-4
Section 40-7-4 Taxpayer to attend appointment and return list of property; failure to furnish
description of real estate. It is the duty of every person in every election precinct to attend
in person before the assessor on the first day of the appointment in the precinct of the taxpayer's
residence and then and there to render to the assessor under oath a full and complete list
of all property of which he was owner, or in which he had any interest whatever, or of which
he was trustee or agent on October 1 of that year. The land and improvements thereon and homesteads
must be separately listed and valued. On failure of the taxpayer for 30 days after demand
or notice by the tax assessor to furnish a sufficient description of his real estate, said
tax assessor shall secure such description from the records of conveyance in the office of
the probate court of his county, and if he is unable to get a sufficient description from
such records, then by a survey of property by the county...
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8-9A-1
against or an interest in property to secure payment of a debt or performance of an obligation,
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common law lien, or a statutory lien. (10) PERSON. An
individual, partnership, corporation, association, organization, government, or governmental
subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
(11) PROPERTY. Both real and personal property, whether tangible or intangible, and
any interest in property whether legal or equitable and includes anything that may be the
subject of ownership. (12) RELATIVE. An individual related by consanguinity within the third
degree as determined by the common law, a spouse, or an individual related to a spouse within
the third degree as so determined, and includes an individual in an adoptive relationship
within the third degree. (13) TRANSFER. Every mode, direct or indirect, absolute...
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8-9B-2
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, or a statutory lien. (10) "Organization"
means a person other than an individual. (11) "Person" means an individual, estate,
partnership, association, trust, business or nonprofit entity, public corporation, government
or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or
intangible, and any interest in property whether legal or equitable and includes anything
that may be the subject of ownership. (13) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (14) "Relative" means an individual related by consanguinity
within the third degree as determined by the common law, a spouse, or an individual related
to a spouse within the...
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