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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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11-70-8
Section 11-70-8 Right to redeem; judgment. (a) If an interested party appears at the hearing
and asserts a right to redeem the property, the party may redeem the property by paying all
the taxes, interest, municipal liens, penalties, fees, and any other charges due and owing
pursuant to Chapter 10 of Title 40, including the amount due to the land commissioner had
the property not been sold to the municipality. (b) If an interested party appears and fails
to redeem, or if no one appears, the circuit court shall enter judgment on the petition not
more than 10 days after the date the matter was heard. (c) The judgment of the circuit court
shall specify all of the following: (1) The legal description, tax parcel identification number,
and, if known, the street address of the property foreclosed. (2) That fee simple title to
property foreclosed by the judgment is vested absolutely in the municipality, except as otherwise
provided in subdivision (5) without any further rights of redemption....
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11-70A-8
Section 11-70A-8 Right to redeem; judgment. (a) If an interested party appears at the hearing
and asserts a right to redeem the property, that party may redeem in accordance with Chapter
10 of Title 40. (b) If an interested party appears and fails to redeem, or if no one appears,
the circuit court shall enter judgment on the petition not more than 10 days after the date
the matter was heard. (c) The judgment of the circuit court shall specify all of the following:
(1) The legal description, tax parcel identification number, and, if known, the street address
of the property foreclosed. (2) That fee simple title to property foreclosed by the judgment
is vested absolutely in the municipality, except as otherwise provided in subdivision (5),
without any further rights of redemption. (3) That all liens against the property, including
any lien for unpaid taxes or special assessments, are extinguished. (4) That the municipality
has good and marketable fee simple title to the property. (5)...
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6-5-250
Section 6-5-250 Characterization of rights of redemption under this article. The statutory
rights of redemption given or conferred by this article are mere personal privileges and not
property or property rights. The privileges must be exercised in the mode and manner prescribed
by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement
before foreclosure or execution sale. The right of privilege conferred under this article
is not subject to levy and sale under execution or attachment nor is it subject to alienation
except in the cases provided for in this article; but if the right or privilege is perfected
by redemption as provided in this article, then, and not until then, it becomes property or
rights of property subject to levy, sale, alienation, or other disposition, except as is expressly
authorized by statute. (Acts 1988, No. 88-441, p. 647, §4.)...
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24-1-79
Section 24-1-79 Title acquired by purchasers at sale of authority property subject to agreements
with government. Notwithstanding anything in this article to the contrary, any purchaser or
purchasers at a sale of real or personal property of the authority, whether pursuant to any
foreclosure of a mortgage, pursuant to judicial process, or otherwise, shall obtain title
subject to any contract made prior to the accrual of the purchaser's right between the authority
and a government relating to the supervision by a government of the operation and maintenance
of such property and the construction of improvements thereon. (Code 1940, T. 25, §52.)...
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27-41-32
Section 27-41-32 Particular investments - Investments relating to agricultural property securing
evidences of indebtedness held by insurers and subject to mortgage foreclosure or insolvency
proceedings. (a) If real property securing any evidence of indebtedness held by an insurer
is used for agricultural purposes and a proceeding to foreclose the mortgage or an insolvency
proceeding relating to the mortgagor has been commenced or if the mortgagor has made an assignment
for the benefit of creditors, the insurer may, for the purpose of preserving or enhancing
the earnings of such property: (1) Purchase agricultural livestock or equipment and utilize
the same or cause the same to be utilized in the operation of the property by the mortgagor
or by a receiver or trustee or by the insurer; or (2) Lend up to the value of any agricultural
equipment or livestock which may be utilized in the operation of the property on the security
of such equipment and livestock as a first lien. (b) Nothing in...
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35-10-71
Section 35-10-71 Initiation of foreclosure proceedings against surviving spouse or estate of
certain mortgagors. (a) A mortgagee shall not initiate a foreclosure proceeding pursuant to
this chapter against the surviving spouse or the estate of a mortgagor who is a service member
who dies while deployed overseas on active duty military service for at least 180 days following
the death of the service member; provided that the surviving spouse or the estate gives the
mortgagee written notice identifying the service member, stating that the service member died
while being deployed overseas, describing the mortgage or the property subject to the mortgage
and the debt, providing a telephone number or other means to communicate with the surviving
spouse or the estate, and asking that foreclosure be delayed for six months. No particular
phrasing of the notice shall be required. (b) A mortgagee shall not, individually or acting
through another person, foreclose, sell, or attempt to foreclose or...
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40-29-30
Section 40-29-30 Legal effect of certificate of sale of personal property and deed of real
property. (a) Certificate of sale of property other than real property. In all cases of a
sale of property (other than real property) pursuant to Section 40-29-26, the certificate
of such sale: (1) AS EVIDENCE. Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his proceedings in making the
sale; and (2) AS CONVEYANCES. Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and (3) AS AUTHORITY FOR TRANSFER OF
CORPORATE STOCK. If such property consists of stocks, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be authority to such corporation,
company, or association to record the transfer on its books and records in the same manner
as if the stocks were transferred or assigned by the party holding the same, in...
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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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11-51-24
Section 11-51-24 Redemption of property after sale - Conveyance of property, etc., to redeemer.
Upon such tender by the person offering to redeem the property and the payment thereof to
the purchaser or the deposit of the sum due to the purchaser with the treasurer, the deed
executed by the register or clerk of the circuit court shall be void and, upon a refusal of
the purchaser or his vendee to reconvey to the party redeeming, the council or other governing
body may authorize a deed to be made to the party redeeming, which shall convey all title
the city or town or the purchaser derived at such tax sale, but the interest of the owner
of the property and the interest of the party redeeming shall be adjusted between the parties
as are other legal and equitable interests. (Code 1907, §1329; Code 1923, §2144; Code 1940,
T. 37, §690.)...
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