SB398 Alabama 2010 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2010

Title

Class 2 municipalities (Mobile), tax sale properties acquired from State Land Commissioner, procedure to quiet title in lieu of procedures in Title 40, Chapter 10, Code of Alabama 1975

Summary

Authorizes Class 2 municipalities (including Mobile) to use an expedited quiet title and foreclosure process to obtain clear title to tax sale properties bought from the State Land Commissioner, with simplified notice and due-process steps.

What This Bill Does

If enacted, the bill allows a Class 2 municipality to file a single petition in circuit court to quiet title and foreclose on tax sale parcels within its limits. It sets out notice and identification steps for interested parties, a hearing within 90 days, and a judgment that vests title in the municipality and extinguishes most liens if the property is not redeemed. It also provides for appeals to the Court of Civil Appeals, recording of judgments, and defines the scope of what interests survive the process.

Who It Affects

• Class 2 municipalities (such as Mobile) would gain an exclusive, expedited route to obtain title to tax sale properties acquired from the State Land Commissioner.
• Interested parties (owners, heirs or personal representatives, mortgagees or purchasers, lienholders, and other persons with an interest in the property) would be identified, notified, and given a chance to redeem or contest the action; they may pursue appeals and must comply with notice procedures.

Key Provisions

• Authorized Class 2 municipalities to establish an expedited quiet title and foreclosure process for tax sale properties located within their limits and acquired from the State Land Commissioner under Chapter 10, Title 40, Code of Alabama 1975.
• A municipality may file a single petition in the circuit court for the quiet title and foreclosure action, naming each parcel by tax parcel number and address, and serving all identified interested parties.
• Before the hearing, the municipality must identify interested parties, attempt to locate them through signage, records, tax rolls, voter lists, probate records, and, for businesses, a registered agent; if parties cannot be identified, notice by publication may be used.
• Notice to interested parties must be sent by certified and regular mail, posted on the property, and, if needed, published in a newspaper; hearings must occur within 90 days (extendable for good cause).
• If no one redeems or appears, the court must issue a judgment within 10 days vesting fee simple title in the municipality, extinguishing most liens and interests, and confirming good and marketable title, while listing any exceptions (easements, certain restrictions, etc.).
• Appeals to the Court of Civil Appeals must be filed within 42 days; appealing parties must post a bond sufficient to cover redemption costs; the appeal can stay the judgment only for the identified parcel, and the court’s decision relies on proper identification and notice.
• The municipality must record the court’s order in the probate court after the appeal period or after final judgment, and all laws conflicting with this act are repealed; the act takes effect immediately after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities