After the expiration of three years from the date of the sale of any real estate for taxes, the judge of probate then in office must execute and deliver to the purchaser, other than the state, or person to whom the certificate of purchase has been assigned, upon the return of the certificate, proof that all ad valorem taxes have been paid, and payment of a fee of five dollars ($5) to the judge of probate, a deed to each lot or parcel of real estate sold to the purchaser and remaining unredeemed, including therein, if desired by the purchaser, any number of parcels, or lots purchased by him at such sale; and such deed shall convey to and vest in the grantee all the right, title, interest and estate of the person whose duty it was to pay the taxes on such real estate and the lien and claim of the state and county thereto, but it shall not convey the right, title or interest of any reversioner or remainderman therein.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §276; Acts 1990, No. 90-535, p. 837, §1; Act 2009-508, p. 937, §1.)
Notes of Decisions
Rioprop Holdings, LLC v. Compass Bank, 256 So. 3d 674 (Ala. Civ. App. 2018).
· cites it 6× “Section 40-10-29, which deals with the sale of land for tax purposes, provides: " After the expiration of three years from the date of the sale of any real estate for taxes , the judge of probate then in office must execute and deliver to the purchaser, other than the state, or…”
First Union Natl. Bank v. Lee Cty. Comm., 1090804 (Ala. 6-30-2011), 75 So. 3d 105 (Ala. 2011).
“On July 24, 2008, Bill English, Judge of Probate, issued a Tax Deed to Wachovia Custodian for Plymouth Park Tax Services pursuant to ALABAMA CODE § 40-10-29 (1975). The Tax Deed was recorded on August 1, 2008 in the office of the Probate Judge of Lee County, Alabama.”
Daugherty v. Rester, 645 So. 2d 1361 (Ala. 1994).
· cites it 3× “§ 40-10-29, Ala.Code 1975 (emphasis added).”
McLeod v. White, 45 So. 3d 360 (Ala. Civ. App. 2010).
· cites it 2× “Alabama Code 1975, § 40-10-29, not cited by the parties, provides that a tax purchaser becomes entitled to a tax deed three years after the tax sale.”
Thomas v. Benefield, 494 So. 2d 452 (Ala. Civ. App. 1986).
· cites it 4× “Under the provisions of Ala.Code (1975), § 40-10-29, the tax deed executed and delivered to the defendants conveys all right, title, interest, and estate possessed by the person failing to pay the assessment on the real property.”
Jim Walter Homes, Inc. v. Blake, 544 So. 2d 161 (Ala. 1989).
· cites it 2× “On July 11, 1985, a deed conveying the property to Bendor was executed by the Elmore County judge of probate and recorded, pursuant to Ala.Code 1975, § 40-10-29. Jim Walter’s right of redemption arises from a mortgage executed on April 15, 1978, by Acie and Emma Blake to Jim…”
In re Washington, 551 B.R. 644 (Bankr. M.D. Ala. 2016).
· cites it 2× “CODE § 40-10-29. Likewise, if the State had brought the land at the tax sale and later sells it pursuant to ALA.”
Newton v. Byess, 423 So. 2d 1360 (Ala. 1982).
“Section 40-10-29, Ala.Code 1975 (Acts 1935, No.”
Nolte v. Wynn, 392 So. 2d 802 (Ala. 1980).
· cites it 4× “” Code of Alabama 1975, § 40-10-29. The right of redemption was never exercised.”
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