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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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7-2-722
Section 7-2-722 Who can sue third parties for injury to goods. Where a third party so deals
with goods which have been identified to a contract for sale as to cause actionable injury
to a party to that contract: (a) A right of action against the third party is in either party
to the contract for sale who has title to or a security interest or a special property or
an insurable interest in the goods; and if the goods have been destroyed or converted a right
of action is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other; (b) If at the time of the
injury the party plaintiff did not bear the risk of loss as against the other party to the
contract for sale and there is no arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest, as a fiduciary for the other party
to the contract; (c) Either party may with the consent of the other sue for the...
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8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
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8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-4.htm - 1K - Match Info - Similar pages
11-48-52
Section 11-48-52 Proceedings for sale of land upon failure of 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 said sale shall
be paid to the city or town treasurer 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 agents, purchase
real estate sold as provided under this article and, in the event of such purchase, the deed
for the same shall be made to the town or city. (Code 1907, §1405; Code 1923, §2220; Acts
1927, No. 639, p. 753; Code 1940, T. 37, §561.)...
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11-88-83
Section 11-88-83 Officer making sale to execute deed to purchaser; rights, title, etc., conveyed
to purchaser by deed; disposition of surplus proceeds from sale; purchase of property by board.
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 the said property at the date of making such assessment or on the date of making
such sale. Any surplus arising from the said sale shall be paid to the treasurer of the authority
to be kept as a separate fund by the treasurer for the owner upon the responsibility of his
bond. The board may, by its agents, purchase real estate sold as provided under this article
and, in the event of such purchase, the deed for the same shall be made to the authority.
(Acts 1973, No. 826, p. 1293, §44.)...
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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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11-40-67
Section 11-40-67 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION,
EFFECTIVE MAY 16, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Redemption of property
prior to sale by payment of redemption amount. (a) At any point prior to the moment of the
sale, any interested party may redeem the real property from the sale by payment of the redemption
amount. Payment shall be made to the Class 2 municipality. Following receipt of the payment,
the Class 2 municipality shall file for dismissal of the proceedings. (b) In the event of
the payment by the owner of the real property, the proceedings shall be dismissed and the
rights and interests of all interested parties shall remain unaffected. (c) In the event of
payment by any interested party other than the owner, the party making the payment shall possess
a lien on the real property for the full amount of the payment, which lien shall have the
same priority as the municipal code lien discussed in subsection (b)...
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11-99A-21
Section 11-99A-21 Failure to pay assessments. If the owner of any land within the district
fails to pay an assessment when due, time being of the essence, the board may commence proceedings
to foreclose on the land as follows: (1) The board shall send a letter, certified mail, return
receipt requested, United States first class mail to the last known address of the owner.
The address of the owner as shown in the tax assessment records of the tax assessor or revenue
commissioner for the county in which the property is located shall be sufficient. (2) The
letter shall specify that if payment is not made within 10 days of the date of the letter,
foreclosure proceedings may be commenced. (3) Any late payment received within the 10-day
period will accrue a late fee of the greater of five percent of the payment or fifty dollars
($50). (4) If payment is not made within the 10-day period, the entire assessment shall become
immediately due and payable, and the board may do either of the...
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31-2-31
Section 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure,
etc., of unlawfully retained property. Any person who sells, pawns, purchases, retains or
has in his possession or custody, without right, any military property belonging to this state
or the United States, or any unit of the armed forces of the state, and who, after proper
demand, refuses to deliver the same to any officer entitled to take possession thereof, is
guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of
a felony if the value of such property exceeds $500.00. Any person belonging to the armed
forces of the state who, contrary to the order of the proper officer, retains in his possession
or control any military property of this state or of the United States is guilty of a misdemeanor
if the value of such property is $500.00 or less, and is guilty of a felony if the value of
such property exceeds $500.00. Any commanding officer may take possession...
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