Article 1 General Provisions 15-8-1 – 15-8-5
Article 2 Allegations 15-8-20 – 15-8-36
Article 3 Alternative Averments 15-8-50 – 15-8-52
Article 4 Presenting, Filing, Withdrawal, and Recordation 15-8-70 – 15-8-72
Article 5 Amendments 15-8-90 – 15-8-91
Article 6 Lost, Mislaid, Mutilated or Destroyed Documents 15-8-110 – 15-8-111
Article 7 Judgment Arrested, Indictment Quashed, etc 15-8-130 – 15-8-131
Article 8 Forms of Indictments 15-8-150

Terms Used In Alabama Code > Title 15 > Chapter 8

  • account: Any one of the three accounts created by Section 27-42-6. See Alabama Code 27-42-5
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • ADMITTED ASSET: Any asset of an insurer permitted by the Commissioner of Insurance to be taken into account in any determination of the financial condition of the insurer. See Alabama Code 27-41-2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliate: A person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Alabama Code 27-42-5
  • ALABAMA HOME BUYERS INITIATIVE: A program that includes a conventional mortgage program not to exceed one billion dollars ($1,000,000,000) in aggregate loan amount to be administered by the program administrator, under which single family mortgage loans, as defined in Section 24-1A-2, are purchased by the program administrator and sold to the initial holder, and one or more alternative housing programs. See Alabama Code 24-1A-42
  • Allegation: something that someone says happened.
  • ALTERNATIVE HOUSING PROGRAM: Any program or other activity that is certified to the State Treasurer by the program administrator under Section 24-1A-44(c)(2), that will be administered by the program administrator, and that will promote home ownership in Alabama, including, without limitation, the establishment of reserve funds for housing initiatives, the payment of mortgage insurance premiums, and the establishment and administration of homeowner education programs. See Alabama Code 24-1A-42
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: The Alabama Insurance Guaranty Association created under Section 27-42-6. See Alabama Code 27-42-5
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The public corporation and instrumentality of the state organized pursuant to the provisions of this chapter. See Alabama Code 24-1A-2
  • AUTHORIZED INVESTMENTS: Bonds or other obligations of, or guaranteed by, the United States of America or the state; interest bearing bank and savings and loan association deposits; obligations of any agency of the United States of America; any obligations in which a state chartered savings and loan association may invest its funds; any agreement to repurchase any of the foregoing; or any combination thereof. See Alabama Code 24-1A-2
  • Bequest: Property gifted by will.
  • BOARD OF DIRECTORS: The board of directors of the authority. See Alabama Code 24-1A-2
  • BOARD OF TRUSTEES: The Alabama Family Trust Board of Trustees established pursuant to this chapter. See Alabama Code 38-9B-2
  • bonds: Bonds or other securities representing an obligation to pay money. See Alabama Code 24-1A-2
  • Business: includes every trade, occupation, and profession for profit. See Alabama Code 10A-8A-1.02
  • CERTIFIED AMOUNT: The dollar amount of funds on deposit in the mortgage guarantee fund that is certified to the State Treasurer by the program administrator under Section 24-1A-44(c)(1) as available for an alternative housing program. See Alabama Code 24-1A-42
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • claimant: Any insured making a first party claim or any person instituting a liability claim. See Alabama Code 27-42-5
  • CO-TRUSTEE: Any person named by the settlor to work with the trustee in providing benefits to a life beneficiary, except neither a contributor nor a contributor's spouse shall be the co-trustee if the contributor or the contributor's spouse is the life beneficiary. See Alabama Code 38-9B-2
  • commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 38-1-1
  • commissioner: The Commissioner of Insurance of the State of Alabama. See Alabama Code 27-42-5
  • commissioner: The Commissioner of the Alabama Department of Mental Health. See Alabama Code 38-9B-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: The balance of all amounts placed in a particular account but not including any appreciation in value of investments or accretions thereto resulting from any source, such as dividends, interest, and capital gains. See Alabama Code 38-9B-2
  • contributor: Any person who makes a donation directly to the AFT Corporation or the AFT Charitable Trust. See Alabama Code 38-9B-2
  • control: The possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Alabama Code 27-42-5
  • COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 38-1-1
  • COVERED CLAIM: An unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage and not in excess of, the applicable limits of an insurance policy to which this chapter applies, issued by an insurer, if such insurer becomes an insolvent insurer after January 1, 1981, and (i) the claimant or insured is a resident of this state at the time of the insured event; or (ii) the property from which the claim arises is permanently located in this state. See Alabama Code 27-42-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • department: The Alabama Department of Mental Health. See Alabama Code 38-9B-2
  • DEVELOPMENTAL DISABILITY: A disability that includes the following items:

    a. See Alabama Code 38-9C-3

  • Devise: To gift property by will.
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • ELIGIBLE HOUSING UNIT: Real and personal properties located in the state constituting a single family dwelling unit for occupancy by low and moderate income families or a multi-family dwelling unit for occupancy by any persons and families without restriction as to the income of such persons or families other than any applicable federal restrictions imposed upon multi-family dwelling units financed from the proceeds of bonds the interest on which is exempt from federal income taxes. See Alabama Code 24-1A-2
  • ELIGIBLE INVESTMENT: Any investment permitted by Sections 27-41-7 to 27-41-35, inclusive, provided the investment meets all the other requirements of this chapter. See Alabama Code 27-41-2
  • ELIGIBLE PROPERTIES: Both newly constructed residences and existing homes. See Alabama Code 24-1A-42
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • FEDERAL GOVERNMENT: The United States of America or any agency or instrumentality thereof. See Alabama Code 24-1-101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • FORECLOSURE BALANCE: The sum of (a) the unpaid principal balance of a qualified mortgage loan, (b) any interest accrued thereon through the date of foreclosure, and (c) foreclosure expenses, which shall include attorney fees, title work, recording or filing fees, escrow advances, and other actual expenses associated with a foreclosure sale. See Alabama Code 24-1A-42
  • FORECLOSURE LOSS: The foreclosure balance for a qualified mortgage loan less its resale proceeds. See Alabama Code 24-1A-42
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • Foreign limited liability partnership: means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to Section 10A-8A-3. See Alabama Code 10A-8A-1.02
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: The legislative body, council, board of commissioners, county commission, or other body charged with governing the city, town, or county, as the case may be. See Alabama Code 24-1-101
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HIGH NET WORTH INSURED: Any insured whose net worth exceeds twenty-five million dollars ($25,000,000) on December 31 of the year prior to the year in which the insurer becomes an insolvent insurer; provided that an insured's net worth on that date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis. See Alabama Code 27-42-5
  • holder: Any person that owns a qualified mortgage loan. See Alabama Code 24-1A-42
  • impairment: A mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings that meet the medical-vocational requirements for a finding of disability under Section 223(d) of the Social Security Act, 42 U. See Alabama Code 38-9B-2
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INSOLVENT INSURER: An insurer licensed to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against whom an order of liquidation with a finding of insolvency has been entered after January 1, 1981, by a court of competent jurisdiction in the insurer's state of domicile or of this state under the provisions of Chapter 32 of this title, which order of liquidation has not been stayed or been the subject of a writ of supersedeas bonds or other comparable order. See Alabama Code 27-42-5
  • insured: Any named insured, additional insured, vendor, lessor, or other party identified as an insured under a policy. See Alabama Code 27-42-5
  • insurer: The term shall have the meaning ascribed in Section 27-1-2 and shall include health maintenance organizations. See Alabama Code 27-41-2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • investment: Any asset owned by an insurer. See Alabama Code 27-41-2
  • investor: The holder of a qualified mortgage loan on the date on which a foreclosure loss occurs with respect to such loan. See Alabama Code 24-1A-42
  • Juror: A person who is on the jury.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • LIFE BENEFICIARY: A beneficiary designated by a settlor. See Alabama Code 38-9B-2
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOW AND MODERATE INCOME FAMILIES: Persons and families of one or more persons, irrespective of race, creed, national origin or sex, determined by the authority to require such assistance as is made available by this chapter on account of insufficient personal or family income taking into consideration, without limitation, such factors as follows:

    a. See Alabama Code 24-1A-2

  • MEMBER INSURER: Any person who (i) writes any kind of insurance to which this chapter applies under Section 27-42-3, including the exchange of reciprocal or interinsurance contracts, and (ii) is licensed to transact insurance in this state. See Alabama Code 27-42-5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MORTGAGE GUARANTEE FUND: The fund established under Section 24-1A-43. See Alabama Code 24-1A-42
  • MORTGAGE GUARANTEE FUND FEE: A fee equal to one percent (1%) of the sales price of each home financed with a qualified mortgage loan under the Alabama Home Buyers Initiative. See Alabama Code 24-1A-42
  • MORTGAGE LENDERS: National banking associations, banks chartered under the laws of the state, savings or building and loan associations chartered under the laws of the state or of the United States of America, Federal National Mortgage Association approved mortgage bankers and federal or state credit unions. See Alabama Code 24-1A-2
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • MORTGAGE LOANS: Notes and other evidences of indebtedness secured by mortgages. See Alabama Code 24-1A-2
  • MORTGAGE PROPERTY: All properties, real, personal and mixed, and all interests therein including grants or subsidies with respect thereto, mortgaged, pledged or otherwise provided in any manner as security for (i) mortgage loans or (ii) loans to mortgage lenders. See Alabama Code 24-1A-2
  • mortgages: Mortgages, deeds of trust and other instruments granting security interests in real and personal properties constituting eligible housing units. See Alabama Code 24-1A-2
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MULTI-FAMILY MORTGAGE LOANS: Mortgages on eligible housing units constituting residential dwelling units leased to or occupied by more than one family unit. See Alabama Code 24-1A-2
  • municipality: Any city or incorporated town in the state. See Alabama Code 24-1-101
  • NET DIRECT WRITTEN PREMIUMS: Direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to, policyholders on such direct business. See Alabama Code 27-42-5
  • NET INCOME: The earnings received on investments less expenses and fees for administration. See Alabama Code 38-9B-2
  • NET WORTH: The total assets of a person, less the total liabilities against those assets as determined in accordance with generally accepted accounting principles. See Alabama Code 27-42-5
  • Not for profit activity: includes every undertaking not for profit. See Alabama Code 10A-8A-1.02
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: means an entity that is formed under this chapter or that is governed by this chapter. See Alabama Code 10A-8A-1.02
  • person: Any individual, trust, estate, corporation, association, partnership, limited liability company, or other entity of any kind. See Alabama Code 24-1A-42
  • person: The term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-41-2
  • person: Any individual or legal entity, including governmental entities. See Alabama Code 27-42-5
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • PROGRAM ADMINISTRATOR: The Alabama Housing Finance Authority. See Alabama Code 24-1A-42
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: Any agency, corporation, or individual who provides services to persons with developmental disabilities and/or traumatic brain injury, provided, that this chapter shall only apply to physicians licensed to practice medicine to the extent that medical services to individuals covered by the chapter must be provided in accordance with established standards of medical care. See Alabama Code 38-9C-3
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • QUALIFIED MORTGAGE LOAN: A mortgage loan secured by an eligible property originated under the Alabama Home Buyers Initiative. See Alabama Code 24-1A-42
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REQUESTING PARTY: The party requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust. See Alabama Code 38-9B-2
  • RESALE PROCEEDS: The net sales proceeds from the remarketing or resale of a residence following a foreclosure sale conducted under a qualified mortgage loan, which shall be equal to the sales price received in an arm's length sale less closing costs, commissions, property preservation, and reasonable and customary expenses associated with the sale of a residential property. See Alabama Code 24-1A-42
  • residency: For purposes of determining residency in this chapter, the residency of a claimant or insured that is a corporation, partnership, association, or voluntary organization is the state in which the claimant's or insured's principal place of business is located. See Alabama Code 27-42-5
  • RESPONDING PARTY: The party not requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust. See Alabama Code 38-9B-2
  • SELF-INSURER: A person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Alabama Code 27-42-5
  • Service of process: The service of writs or summonses to the appropriate party.
  • SERVICING QUALIFIED MORTGAGE LOANS: Notes and other evidences of indebtedness secured by servicing qualified mortgages. See Alabama Code 24-1A-2
  • SERVICING QUALIFIED MORTGAGED PROPERTY: All properties, real, personal, or mixed, and all interests therein, mortgaged, pledged, or otherwise provided in any manner as security for servicing qualified mortgage loans. See Alabama Code 24-1A-2
  • SERVICING QUALIFIED MORTGAGES: Mortgages, deeds of trust, and other instruments granting security interests in real and personal property of any kind. See Alabama Code 24-1A-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • settlor: A person who establishes an AFT Trust account for a life beneficiary. See Alabama Code 38-9B-2
  • SINGLE FAMILY MORTGAGE LOANS: Mortgages on eligible housing units constituting residential dwelling units occupied as the principal residence of the owner-mortgagor by a single-family unit, including, without limitation, detached single family houses, attached single family houses or townhouses and condominium units within larger structures. See Alabama Code 24-1A-2
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 24-1A-2
  • Statement: means a statement of partnership under Section 10A-8A-2. See Alabama Code 10A-8A-1.02
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TRAUMATIC BRAIN INJURY: An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning. See Alabama Code 38-9C-3
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustee: The Alabama Family Trust Corporation. See Alabama Code 38-9B-2
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.