§ 6-6-783 — Scope; Exclusions

Alabama § 6-6-783

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 18: Alabama Uniform Commercial Real Estate Receivership Act

Text

(a) Except as otherwise provided in subsection (b) or (c), this article applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(b) This article does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
(1) The interest is used for agricultural, commercial, industrial, or mineral extraction purposes, other than incidental uses by an owner occupying the property as the owner’s primary residence;
(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral extraction purposes;
(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner’s business; or
(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c) This article does not apply to a receivership authorized by the law of this state other than this article in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit, except to the extent provided by other law.
(d) This article does not limit the authority of a court to appoint a receiver under the law of this state other than this article.
(e) Unless displaced by a particular provision of this article, the principles of law and equity supplement this article.

Legislative History

(Act 2024-380, §4.)