§ 16-66-402 — Levy on real estate - Certificate of levy filed with recorder - Levy as notice to purchaser or mortgagee

(a) It shall be the duty of the sheriff, United States Marshal, or other officer levying upon any real estate under and by virtue of any writ of attachment, execution, or other process to file with the recorder of deeds of the county in which the real estate is situated a certificate of the levy or seizure, together with a correct and full description of the real estate levied upon or seized by him or her. It shall be the duty of the recorder of deeds to index and record the certificate of the levy or seizure in the same manner as provided for notice of lis pendens. (b) In all cases in which lands are seized or levied upon, which are lying and situated in a county other than that in which the judgment is a lien under the provisions of the laws of this state, the levy or seizure of real estate shall not be notice to a purchaser or mortgagee of any real estate until the filing of the notice as provided by subsection (a) of this section. However, if the notice is filed within twenty-four (24) hours of the levy or seizure, it shall be notice from the time the levy or seizure was made, but if not filed within twenty-four (24) hours after the levy or seizure, it shall only be notice from the time the notice was filed.

Legislative History

Acts 1903, No. 65, §§ 4, 5; C. & M. Dig., §§ 6982, 6983; Pope's Dig., §§ 8962, 8963; A.S.A. 1947, §§ 30-404, 30-405.