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AL HB350

Bill

Status

Passed

5/16/2024

Primary Sponsor

David Faulkner

Click for details

Origin

House of Representatives

Regular Session 2024

AI Summary

HB350 Summary

  • Creates the Alabama Uniform Commercial Real Estate Receivership Act establishing uniform requirements and procedures for court-appointed receivers to manage commercial real estate during pending litigation.

  • Applies to receiverships for real property interests and related personal property, excluding one- to four-unit residential properties unless used for commercial/agricultural purposes or generating rental income from non-affiliates.

  • Authorizes courts to appoint receivers before judgment to protect property from waste or voidable transactions, after judgment to carry out court orders, and in foreclosure proceedings when mortgagor agreed to receivership in a signed record.

  • Establishes receiver qualifications, disqualifications based on conflicts of interest, bonding requirements, powers to collect property and operate businesses, duties regarding property accounting and record-keeping, and procedures for creditor claims and distributions.

  • Takes effect January 1, 2025 and does not apply to receiverships where a receiver was appointed before that date.

Legislative Description

Alabama Uniform Commercial Real Estate Receivership Act, created, process for appointment of receiver for disputes relating to commercial real estate provided

Property & Estates

Last Action

Enacted

5/16/2024

Committee Referrals

Fiscal Responsibility and Economic Development4/11/2024
Financial Services3/21/2024

Full Bill Text

No bill text available