HB448 Alabama 2018 Session

Summary

Primary Sponsor

Terri CollinsRepresentative

Republican

Session

Regular Session 2018

Title

Class 5 municipalities, tax sale properties acquired from State Land Commissioner, expedited procedure to quiet title in lieu of procedures in Title 40, Chapter 10, Code of Alabama 1975

Summary

HB 448 would let Class 5 municipalities use a fast-track quiet title and foreclosure process to gain clear title to abandoned tax-sale properties within their borders.

What This Bill Does

The bill creates an exclusive expedited procedure for Class 5 municipalities to quiet title and foreclose on certain abandoned tax sale properties, transferring ownership to the municipality if no one redeems. It requires the municipality to notify interested parties, publish notices if needed, and hold a circuit court hearing within 90 days; if redeemed, the owner must pay taxes and charges, and if not, the court grants title to the municipality and extinguishes most liens and interests. It also provides an appeals pathway to the Court of Civil Appeals and sets timing and record-keeping requirements.

Who It Affects

• Class 5 municipalities within Alabama: may initiate and pursue expedited quiet title and foreclosure actions to acquire title to abandoned tax sale properties within their limits.
• Owners and other interested parties (owners, heirs, personal representatives, mortgagees, purchasers, lienholders, and anyone with an interest in the property): must be identified and notified; may redeem by paying taxes, interest, penalties, fees, and municipal charges; otherwise their interests may be extinguished.

Key Provisions

• Applies only to Class 5 municipalities and provides the exclusive expedited quiet title and foreclosure mechanism, superseding certain existing statutes for these cases.
• Municipality may file a single petition in circuit court for one or more parcels, with no filing fees, after recording a notice of intent in probate court.
• Municipality must identify interested parties and attempt notice via signage, address checks, tax records, voter lists, probate records, and Secretary of State records; if needed, notice by publication.
• A hearing must be scheduled within 90 days of filing; interested parties are to be notified at least 30 days prior, and notices must include key information about the hearing and potential transfer of title.
• If a party redeems, they must pay all taxes, municipal liens, penalties, fees, and other charges; if not, the court grants fee simple title to the municipality and extinguishes most liens and interests.
• Judgment details include vesting title in the municipality, extinguishing encumbrances and most interests, and establishing a rebuttable presumption of notice if procedures were followed.
• An appeal to the Court of Civil Appeals is allowed within 42 days; an appeal requires posting a bond and stays only for the parcel under appeal.
• The court’s order must be recorded in probate court after the appeal period or final judgment, completing the transfer.
• The act repeals conflicting laws and becomes effective immediately after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities