Ala. Code § 11-40-62

Current through the 2024 Regular Session.

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 Interested Party shall not include the holder of the benefit of an easement which burdens the real property, the holder of the benefit or burden of a real covenant which burdens the real property, or the holder of the benefit of a utility easement which burdens the real property.

(2) MINIMUM BID PRICE. The price that equals the Redemption Amount.

(3) MUNICIPAL CODE LIEN. Any lien that has been levied against real property by a Class 2 municipality that is the result of the non-payment of any fine, penalty, abatement cost, or enforcement cost incurred by a Class 2 municipality related to the enforcement of state or local housing and building codes. Such lien shall include only those liens which arise out of a failure to comply with any of the following provisions of the Code of Alabama, or from the failure to comply with a Class 2 municipality's ordinance or resolution enacted pursuant to the authority granted in any of the following provisions of the Code of Alabama: Sections 11-40-30 through 11-40-36; 11-47-117; 11-47-118; 11-47-130 through 11-47-131; 11-47-140; 11-53-1 through 11-53-4; 11-53B-1 through 11-53B-16; and 11-67-1 through 11-67-10.

A municipal code lien shall not include any lien that has previously been certified to the tax collector of the county for inclusion on the property tax bill associated with the real property, such as those liens certified under Section 11-67-8.

(4) MUNICIPAL CODE LIEN PAYOFF. The principal amount of a municipal code lien, interest accrued at the rate of seven and one-half percent per annum from the date the municipal code lien was filed in the office of the judge of the probate, any fees or costs incurred in the collection of such a lien under this article including, without limitations, the cost of title examinations and publication of notices, and any other penalties allowable under either state law or under an ordinance or resolution enacted by the Class 2 municipality.

(5) OWNER OCCUPIED. Real property that is lawfully occupied as a principal residence that is any of the following:

a. A homestead as described in Section 40-9-19.

b. Exempt from ad valorem taxation under Sections 40-9-19.1, 40-9-20, and 40-9-21.

c. Eligible for the designations listed in paragraphs a. or b., but which has not yet been granted such designation and which is lawfully occupied by the family of a deceased individual.

(6) REDEMPTION AMOUNT. The sum of a. the full amount of the municipal code lien payoff for each municipal code lien on which the Class 2 municipality is seeking to foreclose under this article, and b. any tax payoff that may be applicable to the property on which the Class 2 municipality is seeking to foreclose under this article.

(7) TAXES. Those taxes assessed against real property by either the State of Alabama, the county in which the real property is situated, or the Class 2 municipality that are delinquent, as defined in Section 40-11-4 or Section 11-51-2, as of the date a proceeding under this article is commenced or at any time before final resolution of the same, and shall also include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption under Section 40-10-82, 40-10-120, or Section 11-51-23. As provided in Section 11-51-6, a lien for taxes shall be superior to all other liens, including municipal code liens.

(8) TAX CERTIFICATE HOLDER. Any of the following:

a. A tax sale purchaser that holds a certificate of purchase in accordance with Section 40-10-19.

b. The state, where it has accepted and recorded a certificate of purchase obtained at a tax sale in accordance with Section 40-10-20.

c. Any party to which a certificate of purchase obtained at a tax sale has been assigned in accordance with Section 40-10-21.

d. The purchaser or assignee of a tax lien certificate as described in Section 40-10-187.

(9) TAX PAYOFF. Any and all amounts necessary to satisfy any claims for delinquent taxes assessed against the real property on which the Class 2 municipality is seeking to foreclosure under this article. Those amounts shall include:

a. If the taxes associated with the property are delinquent as defined in Section 40-11-4 or Section 11-51-2, but the property has not yet been sold for taxes, then the full amount of delinquent taxes, costs, fees and charges due to the county tax collector in accordance with Section 40-5-8; and

b. If the property has been sold for taxes to the state, then those amounts required for redemption and described in Sections 40-10-83, 40-10-120, 40-10-121, and 40-10-122, except that when a Class 2 municipality is the prevailing bidder, the tax payoff amount shall be the lesser of these amounts or the amount as determined by Section 40-10-132(a)(2).

c. If the property has been sold for taxes to a party other than the state, then those amounts required for redemption and described in Sections 40-10-83, 40-10-120, 40-10-121, and 40-10-22.

d. If a tax lien has been sold by a county in accordance with the provisions of Section 40-10-182, then the amount required for redemption in accordance with Section 40-10-193.

Ala. Code § 11-40-62 (1975)

Added by Act 2017-304,§ 3, eff. 5/16/2017.