6-5-251
Section 6-5-251 Delivery of possession to purchaser on demand. (a) The possession of the land
must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if
in their possession or in the possession of anyone holding under them by privity of title,
within 10 days after written demand for the possession has been made by, or on behalf of,
the purchasers or purchaser's transferees. (b) If the land is in the possession of a tenant,
written notice must be given to the debtor or mortgagor, and the debtor or mortgagor must
direct the tenant to deliver possession or recognize the purchaser as his or her landlord
in the event the lease antedates the mortgage, judgment, or levy. If the debtor or mortgagor
cannot be found, notice to the tenant is sufficient and he must deliver possession within
10 days. (c) Failure of the debtor or mortgagor or anyone holding possession under him or
her to comply with the provisions of this section forfeits the right of redemption of...
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6-5-253
Section 6-5-253 Payment or tender of purchase money and other lawful charges, with interest.
(a) Anyone entitled and desiring to redeem real estate under the provisions of this article
must also pay or tender to the purchaser or his or her transferee the purchase price paid
at the sale, with interest at the rate allowed to be charged on money judgments as set forth
in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges,
also with interest as aforesaid; lawful charges are the following: (1) Permanent improvements
as prescribed herein. (2) Taxes paid or assessed. (3) All insurance premiums paid or owed
by the purchaser. (4) Any other valid lien or encumbrance paid or owned by such purchaser
or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee
or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens
having a higher priority in existence at the time of sale which are revived...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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6-6-259
Section 6-6-259 Actions by mortgagees or vendor in conditional sale contract, etc., against
mortgagors or vendees, etc. (a) If the action is by a mortgagee or his assignee against a
mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving
the title until the entire purchase money shall be paid, or his assignee, against his vendee
or one holding under him, the defendant may, upon suggestion, require that the jury ascertain
the amount of the mortgage debt or the unpaid balance of the purchase price of the article
sold; and if the debt due is ascertained to be less than the value of the property sued for
as assessed by the jury, judgment must be entered for the property sued for or if that is
not to be had, then for the amount of the debt as ascertained by the jury. The court must
also make an order that, if the debt so ascertained, interest and costs, shall be paid within
30 days, no execution or other process shall issue on the judgment; and on...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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6-5-249
Section 6-5-249 Rights under this article extended to executors and administrators. (a) The
rights of redemption secured by this article may be asserted, within the time limit provided,
by (1) the executor or administrator of any debtor or by the debtor's heirs or devisees; (2)
the executor or administrator of any mortgagor or by the mortgagor's heirs or devisees; (3)
the executor or administrator of any transferees, assignees, or vendees of the debtors or
mortgagors or by their heirs or devisees; or (4) the executor or administrator of any judgment
creditor or junior mortgagee of the debtor or their transferees. (b) The rights of redemption,
secured by this article may be asserted, within the time limit provided, against (1) the executor
or administrator of any junior mortgagee or transferees or assignees of the junior mortgagee;
(2) the executor or administrator of any judgment creditor or transferees or assignees of
any judgment creditor; (3) the executor or administrator of the...
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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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7-9-302
Section 7-9-302 When filing is required to perfect security interest; security interests to
which filing provisions of this article do not apply. THIS SECTION WAS REPEALED IN THE 2001
REGULAR SESSION, BY ACT 2001-481, EFFECTIVE JAN. 1, 2002. (1) A financing statement must be
filed to perfect all security interests except the following: (a) A security interest in collateral
in possession of the secured party under Section 7-9-305; (b) A security interest temporarily
perfected in instruments, certificated securities, or documents without delivery under Section
7-9-304 or in proceeds for a 20-day period under Section 7-9-306; (c) A security interest
created by an assignment of a beneficial interest in a trust or a decedent's estate; (d) A
purchase money security interest in consumer goods; but filing is required for a motor vehicle
required to be registered; and fixture filing is required for priority over conflicting interests
in fixtures to the extent provided in Section 7-9-313; (e) An...
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7-9A-310
Section 7-9A-310 When filing required to perfect security interest or agricultural lien; security
interests and agricultural liens to which filing provisions do not apply. (a) General rule:
Perfection by filing. Except as otherwise provided in subsection (b) and Section 7-9A-312(b),
a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a financing statement is not necessary
to perfect a security interest: (1) that is perfected under Section 7-9A-308(d), (e), (f),
or (g); (2) that is perfected under Section 7-9A-309 when it attaches; (3) in property subject
to a statute, regulation, or treaty described in Section 7-9A-311(a); (4) in goods in possession
of a bailee which is perfected under Section 7-9A-312(d)(1) or (2); (5) in certificated securities,
documents, goods, or instruments which is perfected without filing, control, or possession
under Section 7-9A-312(e), (f), or (g); (6) in collateral...
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7-9A-620
Section 7-9A-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory
disposition of collateral. (a) Conditions to acceptance in satisfaction. Except as otherwise
provided in subsection (g), a secured party may accept collateral in full or partial satisfaction
of the obligation it secures only if: (1) the debtor consents to the acceptance under subsection
(c); (2) the secured party does not receive, within the time set forth in subsection (d),
a notification of objection to the proposal authenticated by: (A) a person to which the secured
party was required to send a proposal under Section 7-9A-621; or (B) any other person, other
than the debtor, holding an interest in the collateral subordinate to the security interest
that is the subject of the proposal; (3) if the collateral is consumer goods, the collateral
is not in the possession of the debtor when the debtor consents to the acceptance; and (4)
subsection (e) does not require the secured party to...
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