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26-1A-204
Section 26-1A-204 Real property. (a) Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to real property authorizes
the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension
of credit, or otherwise acquire or reject an interest in real property or a right incident
to real property; (2) sell; exchange; convey with or without covenants, representations, or
warranties; quitclaim; release; surrender; retain title for security; encumber; partition;
consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or
other governmental permits; plat or consent to platting; develop; grant an option concerning;
lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise
grant or dispose of an interest in real property or a right incident to real property; (3)
pledge or mortgage an interest in real property or right incident to...
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7-9A-110
Section 7-9A-110 Security interests arising under Article 2 or 2A. A security interest arising
under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) is subject to this article. However,
until the debtor obtains possession of the goods: (1) the security interest is enforceable,
even if Section 7-9A-203(b)(3) has not been satisfied; (2) filing is not required to perfect
the security interest; (3) the rights of the secured party after default by the debtor are
governed by Article 2 or 2A; and (4) the security interest has priority over a conflicting
security interest created by the debtor. (Act 2001-481, p. 647, §1.)...
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35-19-3
Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person
that owns an interest in the real property, an agency, or a municipality or other unit of
local government, may be a holder. An environmental covenant may identify more than one holder.
The interest of a holder is an interest in real property. (b) A right of an agency under this
chapter or under an environmental covenant, other than a right as a holder, is not an interest
in real property. (c) An agency is bound by any obligation it assumes in an environmental
covenant, but an agency does not assume obligations merely by signing an environmental covenant.
Any other person that signs an environmental covenant is bound by the obligations the person
assumes in the covenant, but signing the covenant does not change obligations, rights, or
protections granted or imposed under law other than this chapter except as provided in the
covenant. (d) The following rules apply to interests in real property...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
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7-9A-204
Section 7-9A-204 After-acquired property; future advances. (a) After-acquired collateral. Except
as otherwise provided in subsection (b), a security agreement may create or provide for a
security interest in after-acquired collateral. (b) When after-acquired property clause not
effective. A security interest does not attach under a term constituting an after-acquired
property clause to: (1) consumer goods, other than an accession when given as additional security,
unless the debtor acquires rights in them within 10 days after the secured party gives value;
or (2) a commercial tort claim. (c) Future advances and other value. A security agreement
may provide that collateral secures, or that accounts, chattel paper, payment intangibles,
or promissory notes are sold in connection with, future advances or other value, whether or
not the advances or value are given pursuant to commitment. (Act 2001-481, p. 647, §1.)...
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18-4-18
Section 18-4-18 Interest in improvements on acquired real property. (a) To the greatest extent
practicable, where an interest in real property is acquired, an equal interest in all buildings,
structures, or other improvements located upon the real property so acquired and which is
required to be removed from the real property which is determined to be adversely affected
by the use to which the real property will be put shall be acquired. (b) For the purpose of
determining the just compensation to be paid for any building, structure, or other improvement
required to be acquired as above set forth, the building, structure, or other improvement
shall be deemed to be a part of real property to be acquired notwithstanding the right or
obligation of a tenant, as against the owner of any other interest in the real property, to
remove the building, structure, or improvement at the expiration of his or her term, and the
fair market value which the building, structure, or improvement contributes...
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35-11-233
Section 35-11-233 Assignment of lien; transfer of lien on real property to other security.
(a) Any claim for which a lien is provided in this division may be assigned; and the assignee
shall thereby be invested with all the rights of the original holder of the lien, and be entitled
to all his remedies to enforce them. The assignee shall have the right to consolidate all
such claims in one statement to be filed as herein provided; and the length of time for the
filing of said claim shall be measured by the greatest length of time for the filing of any
class of claims held by the assignee. (b) Any lien claimed on real property under this division
may be transferred by any person having an interest in the real property upon which the lien
is imposed or the contract under which the lien is claimed, from such real property to other
security by first filing with the court in which the action is brought, a copy of the lien
which has been duly filed and recorded as required by law, and by...
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7-9A-309
Section 7-9A-309 Security interest perfected upon attachment. The following security interests
are perfected when they attach: (1) a purchase-money security interest in consumer goods,
except as otherwise provided in Section 7-9A-311(b) with respect to consumer goods that are
subject to a statute or treaty described in Section 7-9A-311(a); (2) an assignment of accounts
or payment intangibles which does not by itself or in conjunction with other assignments to
the same assignee transfer a significant part of the assignor's outstanding accounts or payment
intangibles; (3) a sale of a payment intangible; (4) a sale of a promissory note; (5) a security
interest created by the assignment of a health-care-insurance receivable to the provider of
the health-care goods or services; (6) a security interest arising under Section 7-2-401,
7-2-505, 7-2-711(3), or 7-2A-508(5), until the debtor obtains possession of the collateral;
(7) a security interest of a collecting bank arising under Section...
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11-81-245
Section 11-81-245 Consent requirements; disclosure statement. (a)(1) Before entering into a
written contract with a local government, the real property owner shall provide, or the local
government shall obtain, a verified recordable copy of written consent and subordination agreement
signed by the holder of each existing mortgage or other lien on the relevant real property
stating that the mortgagee or other lienholder consents to the imposition of the assessment
and that the priority of the mortgage or other lien is subordinated to the assessment lien
in a form and substance acceptable to each mortgagee and other lienholder. The consent and
subordination agreement must be in a form that may be recorded in the appropriate recording
office in the county or counties where the real property is located, and the consent and subordination
agreement with the owner's assessment contract shall be recorded in that office. (2) This
subsection does not limit in any way the rights or authority of...
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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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