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11-70-3
Section 11-70-3 Petition. The municipality may file a single petition with the clerk of the
circuit court for the judicial circuit in which the subject property is located for an order
to quiet title and expedite foreclosure to one or more parcels of property under this chapter.
The petition shall identify each parcel by its tax parcel number and street address and shall
be served on all interested parties identified in accordance with subsection (b) of Section
11-70-2. No action filed pursuant to this chapter shall be subject to the payment of filing
fees. (Act 2010-396, p. 644, §3; Act 2014-108, p. 183, §1.)...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
11-70A-3
Section 11-70A-3 Petition. The municipality may file a single petition with the clerk of the
circuit court for the judicial circuit in which the subject property is located for an order
to quiet title and expedite foreclosure to one or more parcels of property under this section.
The petition shall identify each parcel by its legal description, tax parcel number, and street
address, if available, and shall be served on all interested parties identified in accordance
with subsection (b) of Section 11-70A-2. (Act 2012-517, p. 1533, §3.)...
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11-70-9
Section 11-70-9 Appeal. A municipality or interested party, within 42 days following the effective
date of the judgment, may appeal the judgment of the circuit court to the Court of Civil Appeals.
Any party appealing from an order vesting title in the municipality, as a condition of the
appeal, shall identify the parcel which is the subject of the appeal and, with respect to
that parcel, post a bond with at least one solvent surety in the amount due to redeem the
property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court
only with respect to each parcel identified as the subject of the appeal. The order of the
circuit court shall be affirmed absent a defect in the identification of the property or in
the notice such that the notice deprived a party of the right to due process of law. The order
shall not be reversed on the basis of merely technical noncompliance with this chapter. (Act
2010-396, p. 644, §9.)...
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11-70A-9
Section 11-70A-9 Appeal. A municipality or interested party may, within 42 days following the
effective date of the judgment, appeal the judgment of the circuit court to the Court of Civil
Appeals. Any party appealing from an order vesting title in the municipality shall, as a condition
of the appeal, identify the parcel which is the subject of the appeal and, with respect to
that parcel, post a bond with at least one solvent surety in the amount due to redeem the
property under Chapter 10, Title 40. The appeal shall stay the order of the circuit court
only with respect to each parcel identified as the subject of the appeal. The order of the
circuit court shall be affirmed absent a defect in the identification of the property or in
the notice such that the notice deprived a party of the right to due process of law. The order
shall not be reversed on the basis of merely technical noncompliance with this section. (Act
2012-517, p. 1533, §9.)...
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11-70-5
Section 11-70-5 Notice of hearing. (a) Not less than 30 days before the date on which the hearing
on the quiet title and foreclosure petition is scheduled, the municipality shall do both of
the following: (1) Send a notice of the hearing to the interested parties identified under
subsection (b) of Section 11-70-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing, which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70-5.htm - 2K - Match Info - Similar pages
11-70A-5
Section 11-70A-5 Notice of hearing. (a) Not less than 30 days before the date on which the
hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do
both of the following: (1) Send a notice of the hearing to the interested parties identified
under subsection (b) of Section 11-70A-2 for each parcel named in the petition by both certified
mail, return receipt requested, and regular mail. (2) Post conspicuously on each property
named in the petition notice of the hearing which includes the following statement: "THIS
PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET
TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY
ARE REQUESTED TO CONTACT [THE MUNICIPALITY]." (b) Notices provided to the interested
parties under this section shall include all of the following: (1) The date on which the municipality
recorded in probate court its notice of the pending expedited quiet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-70A-5.htm - 2K - Match Info - Similar pages
11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - Match Info - Similar pages
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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