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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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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...
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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...
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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...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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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...
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