§ 24-1-40 — Exemption of Authority Property from Mortgage Foreclosures, Levy, and Execution and Judgment Liens

Alabama § 24-1-40

• Jurisdiction: Alabama
• Title 24: Housing
• Ch. 1: Housing Authorities
• Art. 2: Municipal Housing Authorities

Text

No interest of the authority in any property, real or personal, shall be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in Section 24-1-35. All property of the authority shall be exempt from levy and sale by virtue of an execution, or other process, to the same extent as now enjoyed by the properties of towns, cities, and counties of Alabama. No judgment against the authority shall be a charge or lien upon its property, real or personal. The provisions of this section shall not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment for any deficiency due on the indebtedness secured thereby and issued on the full faith and credit of the authority. Such deficiency judgment shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment.

Legislative History

(Acts 1935, No. 56, p. 126; Code 1940, T. 25, §25.)