§ 11-70A-8 — Right to Redeem; Judgment

Alabama § 11-70A-8

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 70A: Expedited Quiet Title and Foreclosure Actions in Class 3 Municipalities

Text

(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) That all existing recorded and unrecorded interests in the property are extinguished, except for easements or right-of-way, private deed restrictions, plat restrictions, or restrictions or covenants imposed under the Alabama Land Recycling and Economic Development Act or any other environmental law in effect in the state.
(6) That the municipality provided notice to all interested parties or that the municipality complied with the notice procedures in Section 11-70A-5, which compliance shall create a rebuttable presumption that all interested parties received notice and an opportunity to be heard.

Legislative History

(Act 2012-517, p. 1533, §8.)