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AL HB430

Bill

Status

Passed

5/3/2017

Primary Sponsor

Barbara Drummond

Click for details

Origin

House of Representatives

Regular Session 2017

AI Summary

HB430 Summary

  • Establishes a judicial in rem foreclosure procedure for Class 2 municipalities to foreclose on non-owner occupied properties with unpaid municipal code liens for building code violations.

  • Creates a minimum 6-month waiting period after recording a municipal code lien before the municipality may file a foreclosure petition, and requires 60-day advance notice to taxing agencies.

  • Municipal code liens accrue interest at 7.5% per annum and are superior to all liens except tax liens; the redemption amount includes the lien payoff plus any applicable delinquent taxes.

  • Court must hold a hearing between 30-90 days after petition filing where interested parties may contest the lien delinquency, proceeding adequacy, owner-occupancy status, and tax payoff amounts.

  • Property is sold at public auction with a minimum bid price equal to the redemption amount; the municipality may credit bid the municipal code lien payoff portion, and any sale surplus is distributed to interested parties by priority.

Legislative Description

Class 2 municipalities, property subject to building code violations and liens, in rem foreclosure procedure, Secs. 11-40-50 to 11-40-54, inclusive, repealed

Class 2 Municipalities

Last Action

Forwarded to Governor on May 3, 2017 at 5:49 p.m. on May 3, 2017.

5/3/2017

Committee Referrals

Local Legislation, Mobile County4/27/2017
Mobile County Legislation3/16/2017

Full Bill Text

No bill text available