Alabama Code 11-40-65. Filing petition for foreclosure; form of petition; notice
Terms Used In Alabama Code 11-40-65
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: means next after. See Alabama Code 1-1-1
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
- property: includes both real and personal property. See Alabama Code 1-1-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
IN THE CIRCUIT COURT FOR__________ COUNTY
STATE OF ALABAMA-
Petitioner:)
[Class 2 municipality])
Name, Address,)
Telephone Number)
v. Civil Action No: ________
Respondents:
__________, ACRES OF LAND LYING)
AND BEING IN __________________,)
_____________COUNTY, ALABAMA)
__________________________________)
__________________________________)
(Address of Property)
And
_______________________________)
Name and mailing address of Owner
PETITION FOR JUDICIAL IN REM FORECLOSURE COMES NOW (Petitioner) and petitions this Court for judicial in rem foreclosure in accordance with Section _________ of the Code of Alabama 1975, by showing this Court as follows:
WHEREFORE, Petitioner demands (1) a hearing before the Circuit Court in _____ County (the “Court”) and (2) a judgment by the Court stating that (a) the municipal code lien recorded against the Property is delinquent and (b) that notice has been given to all interested parties, and an order that the Court may cause the Property to be sold at public outcry in a similar manner as that required in Section 40-10-15 of the Code of Alabama.
CITY OF ______________
By: ___________________
Its: ___________________
NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES
This petition serves as notice to the respondents and all interested parties that (1) each party is presumed to own or have a legal interest in the property, (2) that foreclosure proceedings have been commenced because of the failure to pay the municipal code lien cited above, and (3) foreclosure will result in the loss of ownership of the Property and all rights or interests of all interested parties, including any and all rights or redemption accorded to by interested parties under Title 40, Chapter 10 and Title 11, Chapter 5, Code of Alabama 1975.
To avoid loss of ownership or any interest in the property, payment of the full amount of the municipal code lien, penalties, interest, and costs, plus payment of the full amount of any property taxes that are due or delinquent, if any, including any related penalties, interest, and costs must be paid to the _____ office located at _____ by _____date. Respondents and all interested parties are also reminded that each of you may wish to contact an attorney to protect your rights.
A hearing on the above matter shall take place before the Circuit Court of _____ County no earlier than 30 days after the filing of this petition. To determine the exact time and date of such hearing, please call the office of the Circuit Court of _____ County.
This _____ day of _____, _____.
__________________________
Circuit Clerk of ______ County
EXHIBIT A
Description of the Property
Together with all rights, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the municipal code liens being foreclosed.
EXHIBIT B
Names and Addresses of Interested Parties