|
8-1-171
Section 8-1-171 Conveyance of real estate by insane person not void if made in good faith.
(a) Whenever any person shall purchase in good faith and for a valuable consideration real
estate from an insane person without notice of such insanity, such contract and conveyance
shall not be void; but such insane person may recover from the vendee, or those claiming under
him, the difference between the market value of such real estate at the time of the sale and
the price paid therefor, with interest thereon, and shall have a lien on such real estate
to secure the same. (b) Purchasers from such vendee without notice of the insanity of the
original vendor shall be protected in like manner and have the benefits of this section. (Code
1907, §3347; Code 1923, §6822; Code 1940, T. 9, §41.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1-171.htm - 1K - Match Info - Similar pages
8-1-172
Section 8-1-172 Mortgage taken in good faith on real estate of insane person not void. (a)
When any person shall in good faith take a mortgage on real estate from an insane person without
notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem
the property so mortgaged at any time prior to a foreclosure by paying to the mortgagee the
amount actually received by the insane person at the time of executing the mortgage, or any
balance due thereon, with interest thereon to the date of redemption. (b) If the mortgage
shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure
sale, or those claiming under the vendee, at any time within 180 days from foreclosure for
residential property on which a homestead exemption was claimed in the tax year during which
the foreclosure occurred, or at any time within one year from foreclosure for all other property,
by paying to the vendee, or those claiming under the vendee, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-1-172.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-2-41.htm - 1K - Match Info - Similar pages
30-4-31
Section 30-4-31 Conveyance of real estate by husband when wife insane - Conveyance to be accompanied
by judgment or certification of wife's insanity; conclusiveness of judgment or certificate.
All conveyances under Section 30-4-30 shall state that the grantor is a married man and that
his wife is insane, and shall have attached to it a copy of the judgment of the court declaring
the wife insane, or shall have attached to such deed a copy of the certificate of the superintendent
of any Alabama state hospital for the insane, that, in his opinion, the wife of such grantor
in such deed is permanently insane. And such judgment or certificate, when so attached, shall,
in the absence of fraud in procuring the same, be conclusive of the wife's insanity and of
the right of the husband to execute such conveyance. (Code 1907, §4496; Code 1923, §8271;
Code 1940, T. 34, §82.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-31.htm - 1K - Match Info - Similar pages
30-4-33
Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception
as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem.
Whenever any such married person whose spouse is insane desires authority to sell, convey,
mortgage or otherwise dispose of real estate as if single, such married person shall file
a complaint in the circuit court, setting forth the fact that his or her spouse is insane,
that he or she desires to be authorized to sell, convey, mortgage or otherwise dispose of
real estate, not including a homestead, as if single, and that said complaint is not for the
purpose of taking advantage of or defrauding the insane spouse. Upon the filing of such complaint,
the same shall be presented to the judge of the court, who shall enter an order fixing the
day for hearing, providing that notice shall be given the insane spouse, the manner of giving
such notice and appointing a guardian ad litem to represent the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-33.htm - 1K - 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-12-73
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee.
The court in condemnation proceedings shall sell the right of all interested persons in and
to said conveyance or vehicle who aided or assisted any such person as described in Section
13A-12-70 in the illegal transportation or who had knowledge or notice thereof, or who had
knowledge of the presence thereof in said vehicle or conveyance, or who could by reasonable
diligence have obtained knowledge or notice thereof. Any bona fide bailor or conditional vendor
or chattel mortgagee who shall, prior to bailing, selling or accepting a mortgage upon such
conveyance or vehicle, make inquiry of the sheriff and chief of police of the county and city
of the residence of such bailee, vendee or mortgagor and of the sheriff and chief of police
of the county and city of the place of business of the bailor, vendor or mortgagee, or of
any recognized or licensed agency which makes a systematic check of court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-73.htm - 1K - Match Info - Similar pages
40-10-28
Section 40-10-28 Disposition of excess arising from sale. (a)(1) The excess arising from the
sale of any real estate remaining after paying the amount of the decree of sale, including
costs and expenses subsequently accruing, shall be paid over to a person or entity who has
redeemed the property as authorized in Section 40-10-120 or any other provisions of Alabama
law authorizing redemption from a tax sale, provided proof that the person or entity requesting
payment of the excess has properly redeemed the property is presented to the county commission
within three years after the tax sale has occurred. The county commission may retain any interest
earned on those funds. Until and unless the property is redeemed, the excess funds from the
tax sale shall be held in a separate account in the county treasury during the three-year
period. If at the end of the three-year period there has been no proper request for the excess
funds, those funds and any interest earned on those funds shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-28.htm - 4K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-4.htm - 1K - Match Info - Similar pages
40-10-120
Section 40-10-120 When and by whom land may be redeemed. (a) Real estate which hereafter may
be sold for taxes and purchased by the state may be redeemed at any time before the title
passes out of the state or, if purchased by any other purchaser, may be redeemed at any time
within three years from the date of the sale by the owner, his or her heirs, or personal representatives,
or by any mortgagee or purchaser of such lands, or any part thereof, or by any person having
an interest therein, or in any part thereof, legal or equitable, in severalty or as tenant
in common, including a judgment creditor or other creditor having a lien thereon, or on any
part thereof; and an infant or insane person entitled to redeem at any time before the expiration
of three years from the sale may redeem at any time within one year after the removal of the
disability; and such redemption may be of any part of the lands so sold, which includes the
whole of the interest of the redemptioner. If the mortgage...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-120.htm - 3K - Match Info - Similar pages
|