Code of Alabama

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45-44-84.47
Section 45-44-84.47 Special recording fee - Real property, personal property, and UCC instruments.
Effective immediately after July 1, 1997, a special recording and filing fee of five dollars
($5) shall be paid to and collected by the judge of probate, with respect to each real property
instrument, each personal property instrument, and each UCC statement that may be filed for
record in the office of the judge of probate and with respect to other instruments and documents
in the probate office, at the discretion of the judge of probate. On and after July 1, 1997,
no instrument or document shall be received for record in the office of the judge of probate
unless the special recording fee of five dollars ($5) is paid thereon. The special recording
fee shall be in addition to all other fees, taxes, and charges required by law to be paid
upon the filing for record of any real property instrument, personal property instrument,
or UCC statement, and for the recording of other instruments and...
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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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35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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7-9A-604
Section 7-9A-604 Procedure if security agreement covers real property or fixtures. (a) Enforcement:
Personal and real property. If a security agreement covers both personal and real property,
a secured party may proceed: (1) under this part as to the personal property without prejudicing
any rights with respect to the real property; or (2) as to both the personal property and
the real property in accordance with the rights with respect to the real property, in which
case the other provisions of this part do not apply. (b) Enforcement: Fixtures. Subject to
subsection (c), if a security agreement covers goods that are or become fixtures, a secured
party may proceed: (1) under this part; or (2) in accordance with the rights with respect
to real property, in which case the other provisions of this part do not apply. (c) Removal
of fixtures. Subject to the other provisions of this part, if a secured party holding a security
interest in fixtures has priority over all owners and encumbrancers...
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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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40-7-25.2
Section 40-7-25.2 Current use value of Class III property - Qualification procedure; appeal
from denial of application; new owner required to reapply upon sale of property. (a) Any owner
of eligible taxable property described in Section 40-7-25.1 may apply to have such property
assessed for purposes of ad valorem taxation at the appropriate ratio of assessed value to
the current use value of such property by filing a written application, in form as prescribed
by the Department of Revenue, with the tax assessor of the county in which such property is
located, on and after October 1 but not later than January 1 in any taxable year; provided,
however, that with respect to assessments of eligible taxable property respecting the taxable
year that began on October 1, 1981, such applications may be filed with the tax assessor not
later than June 30, 1982. (b) The application form for qualification of real property as agricultural
property shall set forth a description of the real property, a...
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40-7-31
Section 40-7-31 Assessment to "owners unknown." Whenever the tax assessor knows or
learns of any property, real or personal, subject to taxation in his county, the owner of
which he does not know and which is not embraced in any tax return made to him on or before
the third Monday in January by any taxpayer, he shall list and make upon the proper blank
a return describing said property according to the best information he can obtain and assess
the same "owner unknown" at the amount specified by law on a fair and reasonable
market value, and in any notice or advertisement or motion for judgment of sale it shall be
described as so returned; and he shall also note the failure of the owner to make such return
and shall also note the accrual of the penalty of 10 percent of the taxes to be assessed thereon.
No lands shall be returned to "owner unknown" until the assessor shall have made
a demand upon the person, if resident in the county, or by certified or registered mail, if
nonresident,...
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45-14-82.70
Section 45-14-82.70 Improved system of recording documents. (a) The provisions of this section
shall only apply in Clay County. The purpose of this section is to facilitate the use of public
records in property transactions in Clay County by providing for the installation of an improved
system of recording, archiving, and retrieving instruments and documents affecting the title
to real and personal property that are recorded in the office of the judge of probate and
for the recording, archiving, and retrieving of other instruments, documents, and other uses
in the discretion of the judge of probate. (b) The following words and phrases, including
the plural of any thereof, whenever used in this section, shall have the following respective
meanings: (1) "Real Property Instrument" means and includes any instrument or document
affecting the title to real property that may now or hereafter be filed for record in the
probate office pursuant to the applicable requirements of the laws of this...
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40-5-15
Section 40-5-15 Levy and sale of personal property - Application and disposition of proceeds.
The proceeds arising from such sale shall be applied to the payment of the expenses of the
sale and of the taxes, interest, and fees due from such taxpayer, and any balance remaining
shall be paid to the owner of the property, if present at the sale; if not present or if present
and he refuses to receive the same, the collector shall deposit such balance with the county
treasurer or, if there is no county treasurer, with such officer entrusted with the county
funds, taking a receipt therefor, and the same shall be kept as a special fund; and, whenever
the owner shall apply to the collector for such balance, the collector shall deliver to him
the receipts therefor, and upon presentation thereof by such owner, the officer with whom
such deposit was made shall pay to him the amount expressed in the receipt. But if such excess
is not called for in three years after such sale by the person entitled...
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40-9-1
Section 40-9-1 Persons and property generally. The following property and persons shall be
exempt from ad valorem taxation and none other: (1) All bonds of the United States and this
state and all county and municipal bonds issued by counties and municipalities in this state,
all property, real and personal, of the United States and this state and of county and municipal
corporations in this state; all cemeteries, all property, real and personal, used exclusively
for religious worship, for schools or for purposes purely charitable; provided, that property,
real or personal, owned by any educational, religious or charitable institution, society or
corporation let for rent or hire or for use for business purposes shall not be exempt from
taxation, notwithstanding that the income from such property shall be used exclusively for
education, religious or charitable purposes; all mortgages, together with the notes, debts
and credits secured thereby on real and personal property situated in...
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