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40-10-126
Section 40-10-126 Redeeming lots and parcels without redeeming entire property - Duty of Land
Commissioner on redemption. The judge of probate must, before allowing the redemption of a
separate lot or parcel of land under Sections 40-10-124 and 40-10-125, submit the application,
together with a copy of the statement of calculation ascertaining the amount to be paid on
such redemption, to the Land Commissioner for his approval, and the Land Commissioner may
call upon the judge of probate, the assessor, or the collector for any information he may
desire touching the application. If the Land Commissioner is satisfied that the applicant
is entitled to redeem such lot or parcel of land and that the proper amount of money has been
deposited with the judge of probate, the Land Commissioner shall endorse his approval upon
the application and return the same to the judge of probate, who must allow the redemption;
but without the approval of the Land Commissioner, the judge of probate must not...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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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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6-9-40
Section 6-9-40 Real and personal property; equity of redemption therein. Executions may be
levied: (1) On real property to which the defendant has a legal title or a perfect equity,
having paid the purchase money, or in which he has a vested legal interest in possession,
reversion, or remainder, whether he has the entire estate or is entitled to it in common with
others. (2) On personal property of the defendant, except things in action, whether he has
the absolute title thereto or the right only to the possession thereof for his own life, the
life of another or any shorter period, but this does not apply to a possession acquired by
a bona fide hiring of chattels. (3) On an equity of redemption in either land or personal
property. When any interest less than the absolute title is sold, the purchaser is subrogated
to all the rights of the defendant and subject to all his disabilities. (Code 1852, §2455;
Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code...
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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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26-8-51
Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds
from sale; compensation of commissioner. The commissioner must, as soon as practicable after
the receipt of the purchase money for the property sold by him or her, pay the same to the
judge of probate or register or clerk, as the case may be, of the court ordering the sale,
and such money must be retained and safely kept by such judge or register or clerk until the
sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be,
by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such
money must be by such officer paid over to the foreign conservator entitled to receive the
same, after deducting therefrom the costs and expenses attending the sale, including compensation
to the commissioner in the amount of two and one-half percent upon the proceeds of such sale,
but in no case more than $100. (Code 1896, §2385; Code 1907,...
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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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40-10-128
Section 40-10-128 Deposit of redemption money - Generally. If the lands redeemed were bid in
by any person other than the state, the redemption money must be deposited by the judge of
probate in the county treasury and there kept separate and apart from the general funds of
the county, and the judge of probate shall notify the purchaser of such deposit by mailing
notice to the residence or place of business of such purchaser, or to such address as the
purchaser may furnish the judge of probate at the time he secures his certificate of purchase;
and, upon the demand of the purchaser, his legal representative or assignee and the surrender
of the certificate of purchase, the judge of probate must give him an order on the treasury
for the same. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §311.)...
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2-8-169
Section 2-8-169 Refund of assessment. Any owner of hens against whom any assessment is made
and deducted under authority of this article, if dissatisfied with said assessment, shall
have the right to demand and receive from the treasurer of the certified association a refund
of the amount of the assessment collected from such seller of hens, if such demand for refund
is made in writing within 30 days from the date on which such assessment was deducted from
the sale price of hens sold. Applications for refunds of amounts deducted from such sale price
must give the name and address of the purchaser of the hens, date of purchase, invoice number,
if any, and the number of hens purchased from him for which the assessment was deducted. Within
30 days after the receipt of such application, the certified association shall, after such
association determines that the assessment was paid as claimed in the application, refund
the amount so paid as an assessment. The mailing by the association of a...
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11-50-105
Section 11-50-105 Use of proceeds to redeem bonds and coupons; disposition of excess. At any
time when the amount of any particular fund shall, with its accumulations, equal the amount
of outstanding bonds and accrued interest entitled to payment out of such fund, the council
shall have authority to redeem any and all such bonds that may be presented for redemption
at such time thereafter as the holders thereof may desire to present the same for redemption.
The excess, if any, when all bonds and coupons are redeemed and the interest thereon paid,
and not in excess of the total cost and expense of the purchase of such sewer or sewers or
sewer system, shall be converted into the general revenue fund of the city or town. (Acts
1923, No. 165, p. 134; Code 1923, §2118; Code 1940, T. 37, §643.)...
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