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AL HB430
Bill
Status
5/3/2017
Primary Sponsor
Barbara Drummond
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AI Summary
HB430 Summary
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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.
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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.
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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.
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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.
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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subject to building code violations and liens, in rem foreclosure procedure, Secs. 11-40-50 to 11-40-54, inclusive, repealed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