Code of Alabama

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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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13A-9-12
Section 13A-9-12 Offering false instrument for recording; nullifaction or expungement from
record. (a) A person commits the crime of offering a false instrument for recording if, knowing
that a written instrument relating to or affecting real or personal property, or an interest
therein, or directly affecting contractual relationships contains a material false statement
or material false information, and with intent to defraud, he presents or offers it to a public
office or a public employee, with the knowledge that it will be registered, filed or recorded
or become a part of the records of that public office or public employee. (b) Offering a false
instrument for recording is a Class A misdemeanor. (c) A person commits the crime of offering
a false instrument for recording against a public servant if the person offers, for recording,
a written instrument which relates to or affects the real or personal property, or an interest
therein, or a contractual relationship of a public...
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26-1A-204
Section 26-1A-204 Real property. (a) Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to real property authorizes
the agent to: (1) demand, buy, lease, receive, accept as a gift or as security for an extension
of credit, or otherwise acquire or reject an interest in real property or a right incident
to real property; (2) sell; exchange; convey with or without covenants, representations, or
warranties; quitclaim; release; surrender; retain title for security; encumber; partition;
consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or
other governmental permits; plat or consent to platting; develop; grant an option concerning;
lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise
grant or dispose of an interest in real property or a right incident to real property; (3)
pledge or mortgage an interest in real property or right incident to...
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35-4-110
Section 35-4-110 Instrument not recordable unless statement endorsed on it. No probate judge
shall receive for record or permit the recording of any instrument in which the title to real
property, or any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned,
or otherwise disposed of, or any instrument relating to the organization, reorganization,
or dissolution of a private corporation, unless such instrument has endorsed on it a printed,
typewritten, or stamped statement showing the name and address of the individual who prepared
the instrument. If the instrument is in part composed of a printed form the person.preparing
the instrument shall be the person who filled in the blanks in the form or examined the entries
made in such blanks by some other person. (Acts 1965, No. 624, p. 1137, §1; Acts 1969, No.
121, p. 397; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §1.)...
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10A-17-1.06
Section 10A-17-1.06 Statement of authority as to real property. (a) A nonprofit association
shall execute and record a statement of authority to transfer an estate or interest in real
property in the name of the nonprofit association. (b) An estate or interest in real property
in the name of a nonprofit association may be transferred by a person so authorized in a statement
of authority recorded in the office of the judge of probate of the county in which the real
property is located. (c) A statement of authority shall set forth: (1) The name of the nonprofit
association; (2) The address in Alabama, including the street address, if any, of the nonprofit
association, or, if the nonprofit association does not have an address in Alabama, its address
out of state; (3) The name or title of a person authorized to transfer an estate or interest
in real property held in the name of the nonprofit association; and (4) The action, procedure,
or vote of the nonprofit association which authorizes...
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45-5-82.20
Section 45-5-82.20 Name and address of grantee; liability; falsification; application. (a)
In Blount County no probate judge shall receive for record or permit the recording of any
instrument in which the title to real property, or any interest therein, or lien thereon,
is conveyed, granted, encumbered, assigned, or otherwise disposed of, unless such an instrument
has endorsed on it, a printed, typewritten, or stamped statement showing the name and address
of the grantee in the instrument. (b) The probate judge shall not be liable in damages or
penalty for any error or mistake in the performance of the duties prescribed by this section
if committed in good faith. (c) Any person who falsifies or is a party to the falsification
of such a statement as described in subsection (a), shall be guilty of a misdemeanor. (d)
Subsection (a) shall not apply to any will, decree, court order, or judgment; to any instrument
executed or acknowledged prior to October 1, 1984; nor to any instrument...
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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in subsections
(c) and (d), this article applies to: (1) a transaction, regardless of its form, that creates
a security interest in personal property or fixtures by contract; (2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) a consignment;
(5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5),
as provided in Section 7-9A-110; and (6) a security interest arising under Section 7-4-210
or 7-5-118. (b) Security interest in secured obligation. The application of this article to
a security interest in a secured obligation is not affected by the fact that the obligation
is itself secured by a transaction or interest to which this article does not apply. (c) Extent
to which article does not apply. This article does not apply to the extent that: (1) a statute,
regulation, or treaty of the United States preempts this...
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7-9A-502
Section 7-9A-502 Contents of financing statement; record of mortgage as financing statement;
time of filing financing statement. (a) Sufficiency of financing statement. Subject to subsection
(b), a financing statement is sufficient only if it: (1) provides the name of the debtor;
(2) provides the name of the secured party or a representative of the secured party; and (3)
indicates the collateral covered by the financing statement. (b) Real-property-related financing
statements. Except as otherwise provided in Section 7-9A-501(b), to be sufficient, a financing
statement that covers as-extracted collateral or timber to be cut, or which is filed as a
fixture filing and covers goods that are or are to become fixtures, must satisfy subsection
(a) and also: (1) indicate that it covers this type of collateral; (2) indicate that it is
to be filed in the real property records; (3) provide a description of the real property to
which the collateral is related sufficient to give constructive...
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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...
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11-81-246
Section 11-81-246 Assessment lien; enforcement. (a) An assessment under this article and any
interest or penalties on the assessment: (1) Is a lien against the real property on which
the assessment is imposed from the date on which the notice of contractual assessment is recorded.
(2) Subject to the requirement in Section 11-81-245(a)(1) to obtain and record in the proper
recording office an executed consent and subordination agreement from existing mortgagees
and other lienholders, has the same priority status as a lien for any other ad valorem or
non-ad valorem tax. (3) Is a lien that runs with the real property, and the portion of the
assessment under the assessment contract that has not yet become due is not eliminated by
foreclosure of a property tax lien. (b) The assessment lien may be enforced by the local government
in the same manner that an ad valorem or non-ad valorem tax lien against real property may
be enforced by the local government with all redemption rights provided...
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