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11-50-93
Section 11-50-93 Proceedings for sale of land upon failure of property owner to pay assessment,
installment, or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus
from sale; purchase of property by municipality. The officer making such sale shall execute
a deed to the purchaser, which shall convey all the right, title, and interest which the party
against whose property the assessment was made had or held in said property at the date of
making such assessment or on the date of making such sale. Any surplus arising from such sale
shall be paid into the city or town treasury, to be kept as a separate fund by the treasurer
for the owner upon the responsibility of his official bond. The council may, by its agent,
purchase real estate sold as provided under this division, and, in the event of such purchase,
the deed for the same shall be made to the city or town. (Acts 1923, No. 165, p. 134; Code
1923, §2106; Code 1940, T. 37, §631.)...
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40-10-80
Section 40-10-80 Judgment when party claiming adversely to tax title has made payment or tender.
If, in any action brought to recover the possession of lands sold for taxes by or against
the purchaser or other person claiming under him, it is shown that the party claiming adversely
to the tax title, being entitled to redeem, made within the time allowed for redemption the
payment required by law for the redemption of such lands, or made tender thereof, and the
amount of such tender has been paid into court for the opposite party, judgment must be rendered
in his favor for the costs accruing after such payment or tender, except as against the state.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §293.)...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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35-10-30
Section 35-10-30 Penalty. (a) If, for 30 days after such request, the mortgagee or assignee
or transferee, trustee or cestui que trust, fails to make any entry required by this article
he forfeits to the party making the request $200.00 unless there is pending, or there is instituted,
an action within that time, in which the fact of partial payment or satisfaction is or may
be contested. In construing this article, the right of action given herein shall be considered
as a personal right, and shall not be lost or waived by a sale of the property covered
by the mortgage or deed of trust before a demand was made for the satisfaction to be entered
upon the record. (b) All actions for the recovery of the penalties mentioned in this article
shall be brought in the county where such mortgage or other instrument is recorded. (c) This
section does not apply to satisfactions of residential mortgages which are governed by the
Alabama Residential Mortgage Satisfaction Act. (Code 1852, §§1343,...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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24-9-8
The court, on the request of a party or as needed to allow completion of service of process
on all interested persons, and to allow those persons 30 days after service of process to
file an answer or other responsive pleadings to the petition, may extend the 90-day period
for good cause shown. (e) The authority shall serve all persons having record title or interest
in or lien upon the property with a notice of the hearing on the petition to quiet title.
Such service shall be attempted by personal service and by certified mail; provided
if service is perfected by either method, the service will be sufficient to provide service
of process upon all persons having record title or interest in or lien upon the property.
If the persons entitled to service are located outside the county, they may be served by certified
mail. (f) The notice required under subsection (e) shall include: (1) The date on which the
authority recorded, under subsection (a), the notice of the pending quiet title...
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6-5-642
Section 6-5-642 Appeal of certification order. A court's order certifying a class or refusing
to certify a class action shall be appealable in the same manner as a final order to the appellate
court which would otherwise have jurisdiction over the appeal from a final order in the action.
Such appeal may only be filed within 42 days of the order certifying or refusing to certify
the class. The filing of such appeal, the failure to file an appeal, or the affirmance of
the certification or denial order shall in no way affect the right of any party, after the
entry of final judgement, to appeal the earlier certification of, or refusal to certify, the
class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall
be based upon the record at the time of final judgment and shall be considered by the court
only to the extent that either the facts or controlling law relevant to certification have
changed from that which existed or controlled at the time of the...
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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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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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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
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