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Code of Alabama — Title 40 (Revenue and Taxation)

Ala. Code § 40-10-198

Rights and Remedies of Certificate Holder

Official textalison.legislature.state.al.us

# (a)

Each holder of a tax lien certificate shall be entitled to the same rights and remedies with respect to the collection of the amounts due on the tax lien certificate as are available to the tax collecting official with respect to the collection of delinquent taxes, including, but not limited to, the right to institute garnishment proceedings against the taxpayer for the payment of taxes.

# (b)

The holder of a tax lien certificate shall not be entitled to charge the taxpayer for the release or satisfaction of the tax lien any amount more than what would otherwise have been available to the tax collecting official with respect to the collection of the delinquent tax.

# (c)

The holder of a tax lien certificate shall not have the right to enter upon or otherwise possess any property upon which he or she holds a tax lien until he or she receives a deed from the circuit clerk pursuant to a court action under this article. Prior to receiving a clerk’s deed, the holder of a tax lien certificate shall not make any repairs or alterations to the property or require the property owner to pay mesne profits or rents as part of any redemption amount. The holder of a tax lien certificate shall not be held criminally or civilly liable for any code violation on the property occurring prior to obtaining a clerk’s deed unless the holder of the tax lien certificate has otherwise violated this subsection.

# (d)

A Class 2 municipality that holds a tax lien certificate may enter and make repairs or alterations to any property within the Class 2 municipality for which the municipality holds a tax lien certificate if the governing body determines that the repairs or alterations serve a public purpose. The cost of the repairs or alterations shall not be included in the price of redemption. If a demand for public auction is made and granted under Section 40-10-197, the reasonable cost of the repairs or alterations shall be determined by the court as part of the costs actually incurred by the holder of the tax lien certificates for the purpose of setting the minimum bid and the distribution of the proceeds.

Last amended: Acts 1995, No. 95-408, p. 864, §20; Act 2018-577, §1; Act 2024-324, §1; Act 2025-348, §2.

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In this chapter (40 sections)
  1. 40-10-134 · Manner of Sale of Bid in Lands Owned by State
  2. 40-10-135 · Deed of State on Sale of Land Bid in by State
  3. 40-10-136 · Certification When Land Bid in by State Sold
  4. 40-10-137 · Conveyance to Department of Conservation and Natural…
  5. 40-10-138 · Conveyance to Department of Conservation and Natural…
  6. 40-10-139 · Conveyance to Department of Conservation and Natural…
  7. 40-10-140 · Certification of Sale of Lands Bid in for State
  8. 40-10-141 · Lien and Sale of Property for Unpaid Installments of Taxes…
  9. 40-10-142 · Lien and Sale of Property for Unpaid Installments of Taxes…
  10. 40-10-143 · Lien of Persons Other Than Holders of Legal Title for…
  11. 40-10-160 · When Taxpayer Entitled to Recover
  12. 40-10-161 · Filing Petition
  13. 40-10-162 · Duty of Judge of Probate and Comptroller; Payment by State…
  14. 40-10-163 · Presentation of Petition to County Commission; Payment by…
  15. 40-10-164 · Recovery from Municipalities, Etc
  16. 40-10-165 · Payment by Municipalities, Etc
  17. 40-10-166 · Application of Sections 40-10-164 and 40-10-165
  18. 40-10-180 · Purpose; Choice of Remedy by Tax Collecting Official
  19. 40-10-181 · Definitions
  20. 40-10-182 · Tax Liens Subject to Public Auction or Sale; Notice
  21. 40-10-183 · Tax Lien Auction List
  22. 40-10-184 · Auction Procedures; Winning Bids; No Extinguishment of…
  23. 40-10-185 · Tax Lien Not Required to Be Offered as Being Against…
  24. 40-10-186 · Purchase Price
  25. 40-10-187 · Tax Lien Certificate
  26. 40-10-188 · Record of Tax Lien Auctions and Sales
  27. 40-10-189 · “Holder of Tax Lien Certificate” Defined
  28. 40-10-190 · Lost or Destroyed Tax Lien Certificate
  29. 40-10-191 · Holder of Certificate to Have First Right to Purchase Tax…
  30. 40-10-192 · Distribution of Monies Collected
  31. 40-10-193 · Redemption
  32. 40-10-194 · Certificate of Redemption
  33. 40-10-195 · Redemption by Person Owning Interest Less Than Whole
  34. 40-10-196 · Duties of Tax Collector Once Tax Lien Redeemed
  35. 40-10-197 · Action to Foreclose the Right to Redeem and Quiet Title;…
  36. 40-10-198 · Rights and Remedies of Certificate Holder
  37. 40-10-199 · Retention of Tax Liens Not Sold at Auction; Private Tax…
  38. 40-10-200 · Financial Interest by Certain Officers or Employees in…
  39. 40-10-201 · Tax Lien Auction and Sale Conducted Online or in Person
  40. 40-10-202 · Originals or Certified Copies of Books and Records as Prima…
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