Code of Alabama — Title 40 (Revenue and Taxation)
Ala. Code § 40-10-11
Decree of Sale
If service of such notice is perfected 10 days before the commencement of the term to which the same is returnable, the cause shall stand for trial at such term; and if no defense is interposed or if interposed and on trial thereof the same is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court shall make and enter on such book or docket, a decree of sale substantially in the following form: “It appearing to the court that the taxes have been assessed against the person mentioned in this cause (or if the assessment is to owner unknown that the taxes have been assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars for the year ____, and that the same are still due and unpaid or have been paid by the holder of a tax lien certificate, and it further appearing that notice of this proceeding has been given as required by law, and no valid defense has been interposed against the sale of such real estate for the payment of the taxes or the tax lien certificates, if applicable, it is therefore ordered, decreed and adjudged by the court that the State of Alabama and with respect to each tax lien certificate, the holder of such tax lien certificate, respectively, have a lien for the payment of said amount and for the additional sum of (state amount here) dollars, for fees, charges and costs in this behalf lawfully incurred, on the following described real estate: (Here insert description of real estate). It is further ordered, adjudged and decreed by the court that said real estate or so much thereof as may be necessary be sold for the payment of said delinquent taxes or tax lien certificates and of said fees, charges and costs, and of the expenses of such sale.” Such decree when entered shall be signed by the judge of probate and shall have, when the jurisdiction of the court is shown, the effect of judgments in other cases in courts of record.
Source: view the official text
In this chapter (40 sections)
- 40-10-1 · When Probate Court May Order Sale
- 40-10-2 · Book of Lands Upon Which Taxes Have Not Been Paid - Contents;…
- 40-10-3 · Book of Lands Upon Which Taxes Have Not Been Paid -…
- 40-10-4 · Notice to Taxpayer - Service Generally
- 40-10-5 · Notice to Taxpayer - When Assessment Is “Owner Unknown.”
- 40-10-6 · Notice to Taxpayer - Manner of Publication
- 40-10-7 · Partial Payment of Taxes Prior to Sale of Property
- 40-10-8 · Trial of Cases; Issuance of Decree; Continuance
- 40-10-9 · Attendance of Collector at Trial; Tax Book and Record of Tax…
- 40-10-10 · When Deputy May Attend in Lieu of Collector
- 40-10-11 · Decree of Sale
- 40-10-12 · Notice of Sale
- 40-10-13 · Confirmation of Sale
- 40-10-14 · Description of Property in Notices and Entries
- 40-10-15 · How Sale Made; Duties of Judge of Probate
- 40-10-16 · Portion Sufficient to Satisfy Decree to Be Sold
- 40-10-17 · Payment by Purchaser
- 40-10-18 · When Property to Be Bid in for State
- 40-10-19 · Certificates of Purchase - Delivery; Contents
- 40-10-20 · Certificates of Purchase - When Land Bid in for State
- 40-10-21 · Certificates of Purchase - Assignments
- 40-10-22 · Costs - When Land Bid in for State
- 40-10-23 · Costs - Paid by Purchasers
- 40-10-24 · Officers Not to Be Interested in Purchase
- 40-10-25 · Appeal from Decree
- 40-10-26 · Payment of Judgment on Appeal
- 40-10-27 · Fees
- 40-10-28 · Disposition of Excess Arising from Sale
- 40-10-29 · Deeds - Delivered to Purchaser
- 40-10-30 · Deeds - Signature, Acknowledgment and Effect
- 40-10-31 · Removal of Cloud Upon Title to Real Estate Erroneously Sold…
- 40-10-50 · Designation; Appointment of Agents and Assistants;…
- 40-10-51 · Duties Generally
- 40-10-52 · Duties of Agents
- 40-10-53 · Blank Certificates and Deeds
- 40-10-54 · Lists of Lands Bid in for State Furnished Assessor by…
- 40-10-70 · Purchaser to Receive Assignment of Liens
- 40-10-71 · When Lands Are Sold Which Are Not Liable for Taxes
- 40-10-72 · When Land Sold Is Insufficiently Described
- 40-10-73 · Right of State or Assignee to Possession When Lands Are Bid…