Section 11-NEW - [Newly enacted section not yet numbered] Foreclosure(a)(1) After a municipal code lien has been recorded with the office of the judge of probate for the county in which the real property is situated, the governing body of a Class 1 municipality may identify by resolution those properties on which to commence a judicial in rem foreclosure pursuant to this act, provided, however, that those properties the Class 1 municipality identifies as owner-occupied shall not be subject to judicial in rem foreclosure.(2) A Class 1 municipality shall not file a petition for judicial in rem foreclosure pursuant to this act for a period of six months following the date upon which the municipal code lien is recorded in the office of the judge of probate. A petition for judicial in rem foreclosure may include any other municipal code lien that has been filed against the subject property prior to the date the petition is filed. After enforcement proceedings have commenced, the enforcement proceedings may be amended to include any subsequently arising municipal code liens and, if applicable, any taxes.(b) If the property on which a Class 1 municipality is seeking to foreclose is subject to taxes, then at least 60 days prior to the filing of the petition the Class 1 municipality shall notify all other taxing entities within the jurisdiction of the Class 1 municipality and the state of its intention to file a petition for judicial in rem foreclosure of the real property on which a municipal code lien exists. Upon notification, the county tax collector shall provide the tax payoff amount.(c) A Class 1 municipality shall initiate an action to foreclose a code enforcement lien pursuant to this act by filing a petition with the clerk of the circuit court for the judicial circuit in which the real property is situated. The petition shall be substantially identical in form and content to the form provided in subsection (j). The case shall be docketed in the circuit court by the clerk where it shall be a preferred case. The circuit court in which a petition is filed under this subsection shall immediately set the date, time, and place for a hearing on the petition.(d) Upon filing the petition, a Class 1 municipality shall record an appropriate lis pendens in the office of the judge of probate of the county in which the real property is situated. The lis pendens shall include all of the following information pertaining to the real property: (1) The legal description.(2) The tax identification number of the real property.(3) The street address if available.(4) A statement that the property is subject to judicial in rem foreclosure proceedings under this act.(5) A statement that those proceedings may extinguish any legal interests in the property.(e) The petition shall be filed against the real property to which the recorded municipal code lien pertains and shall provide all of the following pertaining to the real property:(1) The identity of the Class 1 municipality.(3) The tax identification number of the property.(4) The street address if available.(5) A description of the municipal code lien that is being foreclosed.(6) The principal amount of the municipal code lien and any applicable interest and penalties.(7) The principal amount of any additional municipal code liens against the property and any applicable interest and penalties in accordance with subsection (a).(8) The year or years for which the taxes are delinquent, if any.(9) The principal amount of the taxes and any interest and penalties.(10) The tax payoff amount.(11) A statement that upon final sale in accordance with this section and payment of any applicable tax payoff amount, an interested party's rights of redemption under Chapter 10 of Title 40, Chapter 51 of Title 11, Section 11-53B-10, or Section 11-48-54, Code of Alabama 1975, shall be extinguished.(12) The names and addresses of all interested parties to whom copies of the petition shall be sent pursuant to subsection (f).(13) A deraignment of title for a period of at least 60 years before filing the complaint, unless the court otherwise directs, setting forth the book and page of the records where any instrument affecting the title may be recorded.(f)(1) A Class 1 municipality shall mail copies of the petition by both certified mail, return receipt requested, and by regular mail to all interested parties whose identities and addresses are reasonably ascertainable.(2) Copies of the petition shall also be mailed by first-class mail to the real property address to the attention of the occupants of the property, if any.(3) In addition, notice shall be physically posted on the real property and shall include the following statement: "THIS PROPERTY IS SUBJECT TO A JUDICIAL IN REM FORECLOSURE ACTION AND MAY BE TRANSFERRED TO [NAME OF CLASS 1 MUNICIPALITY] OR ANOTHER PARTY. PERSONS WITH INFORMATION REGARDING THE CURRENT OWNER OF THE PROPERTY ARE REQUESTED TO CONTACT [NAME OF CLASS 1 MUNICIPALITY].(g) If a Class 1 municipality finds reason to believe that the real property is owner-occupied after the filing of the petition, the Class 1 municipality shall immediately seek dismissal of its petition.(h) Within 30 days after filing the petition, a Class 1 municipality shall cause a notice of the filing to be published once each week for three consecutive weeks in a newspaper of general circulation in the county in which the property is located. The notice shall specify the name and address of the Class 1 municipality and the following pertaining to the real property: (1) The legal description.(2) The tax identification number.(3) The street address if available.(4) A description of any applicable municipal code lien that is being foreclosed.(5) The principal amount of any municipal code lien and any interest and penalties.(6) The applicable period of tax delinquency, if any.(7) The principal amount of taxes, if any.(8) Upon deposit by the court of any tax payoff amounts with the appropriate parties, any rights of redemption accorded to interested parties under Chapter 10 of Title 40, Chapter 51 of Title 11, Section 11-53B-10, or Section 11-48-54, Code of Alabama 1975, are extinguished.(9) The date and place of the filing of the petition.(i) If the identity of some or all of the individuals who may have an interest in the real property are unknown, or if they are minors or individuals of unsound mind, the court shall appoint a guardian ad litem to represent and defend the interests of the unknown, minors, or incompetent parties in the action.(j) The municipality, by ordinance, may adopt forms to implement and administer this section.Ala. Code § 11-NEW (1975)
Added by Act 2024-246,§ 5, eff. 10/1/2024.