THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
If, in any action brought by the purchaser, or other person claiming under the purchaser, to recover the possession of lands sold for taxes, a recovery is defeated on the ground that such sale was invalid for any reason other than that the taxes were not due, the court shall forthwith, on the motion of the plaintiff, ascertain the amount of taxes for which the lands were liable at the time of the sale and for the payment of which they were sold, with interest thereon from the date of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person under whom he claims, has, since such sale, lawfully paid or assumed by the state after its purchase, with interest thereon from the date of such payment, the interest on both amounts to be computed at the rate of 12 percent per annum, subject to the limitations set forth in Section 40-10-122(a); and the court shall thereupon render judgment against the defendant in favor of the plaintiff for the amount ascertained and the costs of the action, which judgment shall constitute a lien on the lands sued for, and payment thereof may be enforced as in other cases.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Article 3 - Rights and Remedies of Purchasers at Tax Sales.
Section 40-10-70 - Purchaser to Receive Assignment of Liens.
Section 40-10-71 - When Lands Are Sold Which Are Not Liable for Taxes.
Section 40-10-72 - When Land Sold Is Insufficiently Described.
Section 40-10-74 - Right of Purchaser or Assignee to Possession; Redemption When Lien Is Recorded.
Section 40-10-75 - (Effective January 1, 2020) Right Where Sale Proceedings Were Defective.
Section 40-10-78 - Tender of Party Claiming Adversely to Tax Title; Payment of Excess.
Section 40-10-79 - Recitation of Fact of Purchase Deemed Prima Facie Evidence.
Section 40-10-80 - Judgment When Party Claiming Adversely to Tax Title Has Made Payment or Tender.
Section 40-10-81 - Books and Records as Prima Facie Evidence.
Section 40-10-82 - Limitation of Actions.
Section 40-10-83 - (Effective January 1, 2020) Effect of Payment by Original Owner or Assignee.