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https://law.justia.com/codes/alabama/title-5/chapter-24/article-2/section-5-24-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 2 - Ownership as Between Parties and Others.›Section 5-24-14 - Accounts and Transfers Nontestamentary. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 2 - Ownership as Between Parties and Others. › Section 5-24-14 - Accounts and Transfers Nontestamentary. | Section 5-24-14
Accounts and transfers nontestamentary.
Except as a consequence of, and to the extent directed by, Section 5-24-15, a transfer resulting from the application of Section 5-24-12 is effective by reason of the terms of the account involved and this chapter and is not testamentary or subject to estate admin... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-2/section-5-24-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 2 - Ownership as Between Parties and Others.›Section 5-24-15 - Rights of Creditors and Others. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 2 - Ownership as Between Parties and Others. › Section 5-24-15 - Rights of Creditors and Others. | Section 5-24-15
Rights of creditors and others.
(a) If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or POD designation under this chapter is not effective against the estate of a deceased party to the extent needed to pay claims against the estate and statutory allowanc... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-21 - Authority of Financial Institution. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-21 - Authority of Financial Institution. | Section 5-24-21
Authority of financial institution.
A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party ac... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-22 - Payment on Multiple-Party Account. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-22 - Payment on Multiple-Party Account. | Section 5-24-22
Payment on multiple-party account.
A financial institution, on request, may pay sums on deposit in a multiple-party account to:
(1) One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request s... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-23 - Payment on Pod Designation. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-23 - Payment on Pod Designation. | Section 5-24-23
Payment on POD designation.
A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
(1) One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-24 - Payment to Designated Agent. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-24 - Payment to Designated Agent. | Section 5-24-24
Payment to designated agent.
A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incompetent, incapacitated, or deceased when the request is made or received, and whether or n... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-25 - Payment to Minor. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-25 - Payment to Minor. | Section 5-24-25
Payment to minor.
If a financial institution is required or permitted to make payment pursuant to this chapter to a minor designated as a beneficiary, payment may be made pursuant to the Uniform Transfers to Minors Act.
(Acts 1997, No. 97-644, p. 1177, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-26 - Discharge. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-26 - Discharge. | Section 5-24-26
Discharge.
(a) Payment made pursuant to this chapter in accordance with the type of account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successo... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-3/section-5-24-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 3 - Protection of Financial Institutions.›Section 5-24-27 - Set-Off. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 3 - Protection of Financial Institutions. › Section 5-24-27 - Set-Off. | Section 5-24-27
Set-off.
Without qualifying any other statutory right to set-off or lien and subject to any contractual provision between a party and a financial institution, if any party is indebted to a financial institution, the financial institution has a right to set-off against the entire amount of the account wi... |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-4/section-5-24-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 4 - Short Title, Construction, Transitional Provisions.›Section 5-24-31 - Short Title. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 4 - Short Title, Construction, Transitional Provisions. › Section 5-24-31 - Short Title. | Section 5-24-31
Short title.
This chapter may be cited as the Uniform Multiple-Person Accounts Act.
(Acts 1997, No. 97-644, p. 1177, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-4/section-5-24-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 4 - Short Title, Construction, Transitional Provisions.›Section 5-24-32 - Uniformity of Application and Construction. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 4 - Short Title, Construction, Transitional Provisions. › Section 5-24-32 - Uniformity of Application and Construction. | Section 5-24-32
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Acts 1997, No. 97-644, p. 1177, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-4/section-5-24-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 4 - Short Title, Construction, Transitional Provisions.›Section 5-24-33 - Supplementary General Principles of Law Applicable. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 4 - Short Title, Construction, Transitional Provisions. › Section 5-24-33 - Supplementary General Principles of Law Applicable. | Section 5-24-33
Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
(Acts 1997, No. 97-644, p. 1177, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-24/article-4/section-5-24-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 24 - Uniform Multiple-Person Accounts Act.›Article 4 - Short Title, Construction, Transitional Provisions.›Section 5-24-34 - Transitional Provisions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 24 - Uniform Multiple-Person Accounts Act. › Article 4 - Short Title, Construction, Transitional Provisions. › Section 5-24-34 - Transitional Provisions. | Section 5-24-34
Transitional provisions.
On March 1, 1998:
(1) An act done before March 1, 1998, and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred on the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before March... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-1 - Short Title. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-1 - Short Title. | Section 5-25-1
Short title.
This chapter shall be known and cited as the Mortgage Brokers Licensing Act.
(Act 2001-692, p. 1439, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-2 - Definitions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-2 - Definitions. | Section 5-25-2
Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(1) BORROWER. A natural person who submits an application for a loan secured by a first or subordinate mortgage or deed of trust on a single-family to four-family home to be occupied by the borrower as the b... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-3 - Persons Excluded. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-3 - Persons Excluded. | Section 5-25-3
Persons excluded.
The following persons are not subject to the provisions of this chapter:
(1) Any depository institution as defined in Section 3 of the Federal Deposit Insurance Act, any subsidiary institution that is owned and controlled by a depository institution, and employees of any of the foregoin... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-4 - License to Transact Business as a Mortgage Broker. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-4 - License to Transact Business as a Mortgage Broker. | Section 5-25-4
License to transact business as a mortgage broker.
(a) On and after January 1, 2002, no person shall transact business in this state directly or indirectly as a mortgage broker unless he or she is licensed as a mortgage broker by the department, or is a person exempted from the licensing requirements pur... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-5 - Application for License. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-5 - Application for License. | Section 5-25-5
Application for license.
(a) An application for a license under this chapter shall be made in writing, under oath, and in the form as the department may prescribe.
(b) The application shall include all of the following:
(1) The legal name, business address, and telephone number of the applicant and, if t... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-6 - Issuance of License. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-6 - Issuance of License. | Section 5-25-6
Issuance of license.
(a) Upon receipt of a completed application for a license together with all items set forth in subsection (c) of Section 5-25-5, the department shall conduct such an investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-7 - Expiration and Renewal. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-7 - Expiration and Renewal. | Section 5-25-7
Expiration and renewal.
(a) All licenses issued pursuant to this chapter shall expire on December 31 of each year. Application for renewal shall be made annually on or before December 1 of each year to be effective for the following year.
(b) Any licensee making proper application, including all supporti... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-8 - License Requirements. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-8 - License Requirements. | Section 5-25-8
License requirements.
(a) Each license issued under this chapter shall state the address of the licensee's principal place of business and the name of the licensee.
(b) A licensee shall post the license in a conspicuous place in each place of business of the licensee.
(c) A license may not be transferred... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-9 - Maintenance and Examination of Records, Etc. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-9 - Maintenance and Examination of Records, Etc. | Section 5-25-9
Maintenance and examination of records, etc.
(a) Any person required to be licensed under this chapter shall maintain in its offices or such other location as the department shall permit the books, accounts, and records as the department may reasonably require in order to determine whether the person is ... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-10 - Annual Report. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-10 - Annual Report. | Section 5-25-10
Annual report.
(a) Each licensee shall annually, on or before May 1, file a written report with the department containing that information the department may require concerning the licensee's business and operations during the preceding calendar year, including financial statements.
(b) Reports shall be... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-11 - Principal Place of Business; Branch Office. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-11 - Principal Place of Business; Branch Office. | Section 5-25-11
Principal place of business; branch office.
A licensee may transact business from both a principal place of business and one or more branch offices provided each is licensed under this chapter. A principal place of business or branch office shall consist of at least one enclosed room or building of stat... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-12 - Disclosure by Licensee; Prohibited Activities. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-12 - Disclosure by Licensee; Prohibited Activities. | Section 5-25-12
Disclosure by licensee; prohibited activities.
(a) Licensees shall:
(1) Prior to the collection of a mortgage broker fee from a borrower, disclose to the borrower in writing the nature of the mortgage broker's relationship to the borrower and the method by which the mortgage broker will be compensated f... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-13 - Rules and Regulations. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-13 - Rules and Regulations. | Section 5-25-13
Rules and regulations.
(a) The department may promulgate those rules and regulations, not inconsistent with law, necessary for the enforcement of this chapter.
(b) (1) Prior to the adoption, amendment, or repeal of any regulation, the supervisor shall give at least 35 days' notice of its intended action... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-14 - Denial, Suspension, or Revocation of License. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-14 - Denial, Suspension, or Revocation of License. | Section 5-25-14
Denial, suspension, or revocation of license.
(a) The department may suspend or revoke a license on any ground on which it might refuse to issue an original license, or for a violation of any provision of this chapter or any rule or regulation issued under this chapter or for failure of the licensee to ... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-15 - Appeal. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-15 - Appeal. | Section 5-25-15
Appeal.
(a) Any interested party or intervener may appeal an order of the department to the Circuit Court of Montgomery County or to the circuit court of the county in which such party has its principal place of business in Alabama by filing notice of appeal with the department and with the register or ... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-16 - Enforcement and Penalties. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-16 - Enforcement and Penalties. | Section 5-25-16
Enforcement and penalties.
(a) Whenever it appears to the supervisor that any person required to be licensed or registered under this chapter has violated any law of this state or any order or regulation of the department, the supervisor after notice and hearing may order such person or an affiliate act... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-17 - Violations of Chapter. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-17 - Violations of Chapter. | Section 5-25-17
Violations of chapter.
Any person who willfully violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both fine and imprisonment.
(Act 2001-692, p... |
https://law.justia.com/codes/alabama/title-5/chapter-25/section-5-25-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 25 - Mortgage Brokers Licensing Act.›Section 5-25-18 - Disposition of Funds. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 25 - Mortgage Brokers Licensing Act. › Section 5-25-18 - Disposition of Funds. | Section 5-25-18
Disposition of funds.
All fees and administrative penalties collected shall be paid into the special fund provided by Section 5-2A-20 and used in the supervision and examination of licensees.
(Act 2001-692, p. 1439, §18.) |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-1 - Short Title. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-1 - Short Title. | Section 5-26-1
Short title.
This chapter may be cited as the Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009 or Alabama S.A.F.E. Mortgage Licensing Act of 2009.
(Act 2009-627, p. 1907, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-2 - Legislative Findings. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-2 - Legislative Findings. | Section 5-26-2
Legislative findings.
The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable, and immediate impact upon Alabama's consumers, Alabama's economy, the neighborhoods and communities of Alabama, and the housing and real es... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-3 - Definitions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-3 - Definitions. | Section 5-26-3
Definitions.
For purposes of this chapter, the following definitions shall apply:
(1) DEPOSITORY INSTITUTION. The term "depository institution" has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union.
(2) FEDERAL BANKING AGENCIES. The term "federal banking... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-4 - License and Registration Required. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-4 - License and Registration Required. | Section 5-26-4
License and registration required.
(1) In general. An individual, unless specifically exempted from this chapter under subsection (2), shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this state without first obtaining and maintaining annually a licen... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-5 - State License and Registration Application and Issuance. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-5 - State License and Registration Application and Issuance. | Section 5-26-5
State license and registration application and issuance.
(1) Application form. Applicants for a license shall apply in a form as prescribed by the supervisor. Each such form shall contain content as set forth by rule, regulation, instruction, or procedure of the supervisor and may be changed or updated a... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-6 - Issuance of License. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-6 - Issuance of License. | Section 5-26-6
Issuance of license.
The supervisor shall not issue a mortgage loan originator license unless the Supervisor makes at a minimum the following findings:
(1) NO LICENSE REVOCATION. The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequ... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-7 - Pre-Licensing Education of Loan Originators. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-7 - Pre-Licensing Education of Loan Originators. | Section 5-26-7
Pre-licensing education of loan originators.
(1) Minimum educational requirements. In order to meet the pre-licensing education requirement referred to in Section 5-26-6(4) a person shall complete at least 20 hours of education approved in accordance with subsection (2), which shall include at least:
(a)... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-8 - Testing of Loan Originators. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-8 - Testing of Loan Originators. | Section 5-26-8
Testing of loan originators.
(1) In general. In order to meet the written test requirement referred to in Section 5-26-6(5), an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Mortgage Licensing System and Reg... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-9 - Standards for License Renewal. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-9 - Standards for License Renewal. | Section 5-26-9
Standards for license renewal.
(1) In general. The minimum standards for license renewal for mortgage loan originators shall include the following:
(a) The mortgage loan originator continues to meet the minimum standards for license issuance under Section 5-26-6(1) to (6), inclusive.
(b) The mortgage loa... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-10 - Continuing Education for Mortgage Loan Originators. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-10 - Continuing Education for Mortgage Loan Originators. | Section 5-26-10
Continuing education for mortgage loan originators.
(1) In general. In order to meet the annual continuing education requirements referred to in Section 5-26-9(1)(b), a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with subsection (2), which sh... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-11 - Authority to Require License. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-11 - Authority to Require License. | Section 5-26-11
Authority to require license.
In addition to any other duties imposed upon the supervisor by law, the supervisor shall require mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement the supervisor is a... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-12 - Nationwide Mortgage Licensing System and Registry Information Challenge Process. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-12 - Nationwide Mortgage Licensing System and Registry Information Challenge Process. | Section 5-26-12
Nationwide Mortgage Licensing System and Registry information challenge process.
The supervisor shall establish a process whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry.
(Act 2009-627, p. 1907, §12.) |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-13 - Enforcement Authorities, Violations, and Penalties. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-13 - Enforcement Authorities, Violations, and Penalties. | Section 5-26-13
Enforcement authorities, violations, and penalties.
(1) In order to ensure the effective supervision and enforcement of this chapter the supervisor may:
(a) Deny, suspend, revoke, condition, or decline to renew a license for a violation of this chapter, rules or regulations issued under this chapter or ... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-14 - Surety Bond Required. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-14 - Surety Bond Required. | Section 5-26-14
Surety bond required.
(1) Coverage, form and regulations. Each mortgage loan originator shall be covered by a surety bond in accordance with this section. In the event that the mortgage loan originator is an employee or exclusive agent of a person subject to the Alabama Consumer Credit Act or Mortgage B... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-15 - Confidentiality. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-15 - Confidentiality. | Section 5-26-15
Confidentiality.
In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:
(1) PROTECTIONS. Except as otherwise provided in Public Law 110-289, Section 1512, the requirements under any federal law regarding the privacy or confidentiality of any i... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-16 - Investigation and Examination Authority. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-16 - Investigation and Examination Authority. | Section 5-26-16
Investigation and examination authority.
In addition to any authority allowed under this chapter the supervisor shall have the authority to conduct investigations and examinations as follows:
(1) AUTHORITY TO ACCESS INFORMATION. For purposes of initial licensing, license renewal, license suspension, lic... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-17 - Prohibited Acts and Practices. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-17 - Prohibited Acts and Practices. | Section 5-26-17
Prohibited acts and practices.
It is a violation of this chapter for a person or individual subject to this chapter to:
(1) Obtain property by intentional fraud or intentional misrepresentation;
(2) Solicit or enter into a contract with a borrower that provides in substance that the person or individual... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-18 - Mortgage Call Reports. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-18 - Mortgage Call Reports. | Section 5-26-18
Mortgage call reports.
Each person employing a mortgage loan originator licensed under this chapter shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and R... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-19 - Report to Nationwide Mortgage Licensing System and Registry. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-19 - Report to Nationwide Mortgage Licensing System and Registry. | Section 5-26-19
Report to Nationwide Mortgage Licensing System and Registry.
Notwithstanding state privacy law, the supervisor is required to report regularly violations of this chapter as well as enforcement actions and other relevant information to the Nationwide Mortgage Licensing System and Registry, subject to the... |
https://law.justia.com/codes/alabama/title-5/chapter-26/section-5-26-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009.›Section 5-26-20 - Unique Identifier Shown. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 26 - Alabama Secure and Fair Enforcement for Mortgage Licensing Act of 2009. › Section 5-26-20 - Unique Identifier Shown. | Section 5-26-20
Unique identifier shown.
The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business cards or websites, and any other documents as established by rule, regulati... |
https://law.justia.com/codes/alabama/title-5/chapter-27/section-5-27-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 27 - Savings Promotion Contest›Section 5-27-1 - (Effective January 1, 2018) Legislative Findings. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 27 - Savings Promotion Contest › Section 5-27-1 - (Effective January 1, 2018) Legislative Findings. | Section 5-27-1
(Effective January 1, 2018) Legislative findings.
The Legislature finds and declares the following:
(1) Federal law allows both depository financial institutions and credit unions to hold savings promotion contests, subject to certain conditions and authorization under state law.
(2) Savings promotion co... |
https://law.justia.com/codes/alabama/title-5/chapter-27/section-5-27-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 27 - Savings Promotion Contest›Section 5-27-2 - (Effective January 1, 2018) Definitions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 27 - Savings Promotion Contest › Section 5-27-2 - (Effective January 1, 2018) Definitions. | Section 5-27-2
(Effective January 1, 2018) Definitions.
When used in this chapter, the following words and phrases shall have the following meanings:
(1) APPROPRIATE STATE OR FEDERAL REGULATORY AGENCY. The state or federal agency that is statutorily responsible for the supervision of all or part of the operations of a ... |
https://law.justia.com/codes/alabama/title-5/chapter-27/section-5-27-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 27 - Savings Promotion Contest›Section 5-27-3 - (Effective January 1, 2018) Savings Promotion Contest Authorized; Conditions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 27 - Savings Promotion Contest › Section 5-27-3 - (Effective January 1, 2018) Savings Promotion Contest Authorized; Conditions. | Section 5-27-3
(Effective January 1, 2018) Savings promotion contest authorized; conditions.
(a) Subject to supervision by the appropriate federal or state regulatory agency, a financial institution may conduct a savings promotion contest in accordance with this chapter for the purposes of encouraging depositors to mai... |
https://law.justia.com/codes/alabama/title-5/chapter-27/section-5-27-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 27 - Savings Promotion Contest›Section 5-27-4 - (Effective January 1, 2018) Oversight. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 27 - Savings Promotion Contest › Section 5-27-4 - (Effective January 1, 2018) Oversight. | Section 5-27-4
(Effective January 1, 2018) Oversight.
Each savings promotion contest is subject to oversight by the federal or state agency responsible for regulating the financial institution, and the regulatory agency may issue cease and desist orders relating to a savings promotion contest offered by a financial ins... |
https://law.justia.com/codes/alabama/title-5/chapter-27/section-5-27-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 27 - Savings Promotion Contest›Section 5-27-5 - (Effective January 1, 2018) Construction; Limitation on Prizes or Awards. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 27 - Savings Promotion Contest › Section 5-27-5 - (Effective January 1, 2018) Construction; Limitation on Prizes or Awards. | Section 5-27-5
(Effective January 1, 2018) Construction; limitation on prizes or awards.
A savings promotion contest offered pursuant to this chapter does not constitute gambling or the promotion of gambling or a lottery or raffle pursuant to Section 65 of the Constitution of Alabama of 1901. No prize or award shall ex... |
https://law.justia.com/codes/alabama/title-5/chapter-28/section-5-28-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 28 - Libor Discontinuance and Replacement Act of 2021›Section 5-28-1 - Short Title. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 28 - Libor Discontinuance and Replacement Act of 2021 › Section 5-28-1 - Short Title. | Section 5-28-1
Short title.
This chapter shall be known and may be cited as the LIBOR Discontinuance and Replacement Act of 2021.
(Act 2021-323, §1.) |
https://law.justia.com/codes/alabama/title-5/chapter-28/section-5-28-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 28 - Libor Discontinuance and Replacement Act of 2021›Section 5-28-2 - Definitions. | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 28 - Libor Discontinuance and Replacement Act of 2021 › Section 5-28-2 - Definitions. | Section 5-28-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) BENCHMARK. An index of interest rates or dividend rates that is used, in whole or in part, as the basis of, or as a reference for, calculating or determining any valuation, payment, or other measurement under... |
https://law.justia.com/codes/alabama/title-5/chapter-28/section-5-28-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 28 - Libor Discontinuance and Replacement Act of 2021›Section 5-28-3 - Recommended Benchmark Replacement for Certain Contracts, Securities, or Instruments... | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 28 - Libor Discontinuance and Replacement Act of 2021 › Section 5-28-3 - Recommended Benchmark Replacement for Certain Contracts, Securities, or Instruments; Fallback Provisions. | Section 5-28-3
Recommended benchmark replacement for certain contracts, securities, or instruments; fallback provisions.
(a) On the LIBOR replacement date, the recommended benchmark replacement, by operation of law, shall be the benchmark replacement for any contract, security, or instrument that uses LIBOR as a benchm... |
https://law.justia.com/codes/alabama/title-5/chapter-28/section-5-28-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 28 - Libor Discontinuance and Replacement Act of 2021›Section 5-28-4 - Construction and Effect of Selection or Use of a Recommended Benchmark Replacement;... | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 28 - Libor Discontinuance and Replacement Act of 2021 › Section 5-28-4 - Construction and Effect of Selection or Use of a Recommended Benchmark Replacement; Liability. | Section 5-28-4
Construction and effect of selection or use of a recommended benchmark replacement; liability.
(a) The selection or use of a recommended benchmark replacement as a benchmark replacement under or in respect of a contract, security, or instrument by operation of Section 5-28-3 shall constitute all of the f... |
https://law.justia.com/codes/alabama/title-5/chapter-28/section-5-28-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 5 - Banks and Financial Institutions.›Chapter 28 - Libor Discontinuance and Replacement Act of 2021›Section 5-28-5 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Eff... | 2023 Code of Alabama › Title 5 - Banks and Financial Institutions. › Chapter 28 - Libor Discontinuance and Replacement Act of 2021 › Section 5-28-5 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective April 29, 2021. This Is Not in the Current Code Supplement. | Section 5-28-5
Severability.
If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of th... |
https://law.justia.com/codes/alabama/title-6/chapter-1/section-6-1-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 1 - General Provisions.›Section 6-1-1 - Practice and Procedure in Certain Courts Not Affected by Repeal, etc., of Prior Stat... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 1 - General Provisions. › Section 6-1-1 - Practice and Procedure in Certain Courts Not Affected by Repeal, etc., of Prior Statutes; Rules of Supreme Court Not Affected by Adoption of Code. | Section 6-1-1
Practice and procedure in certain courts not affected by repeal, etc., of prior statutes; rules of Supreme Court not affected by adoption of Code.
(a) Statutes in effect immediately prior to the adoption of this Code relating to practice and procedure in any court of this state in which the practice and p... |
https://law.justia.com/codes/alabama/title-6/chapter-1/section-6-1-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 1 - General Provisions.›Section 6-1-2 - Effect of Rules of Supreme Court of Alabama. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 1 - General Provisions. › Section 6-1-2 - Effect of Rules of Supreme Court of Alabama. | Section 6-1-2
Effect of rules of Supreme Court of Alabama.
Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, or any other rule of practice and procedure as may be adopted by the Supreme C... |
https://law.justia.com/codes/alabama/title-6/chapter-1/section-6-1-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 1 - General Provisions.›Section 6-1-3 - Rules for Expedited Civil Actions Under Certain Circumstances. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 1 - General Provisions. › Section 6-1-3 - Rules for Expedited Civil Actions Under Certain Circumstances. | Section 6-1-3
Rules for expedited civil actions under certain circumstances.
(a) The Supreme Court shall adopt guidelines to promote the prompt, efficient, and cost-effective resolution of civil actions. The guidelines shall: (1) apply to civil actions in circuit courts in which the amount in controversy, inclusive of ... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-1 - Applicability of Chapter - Generally. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-1 - Applicability of Chapter - Generally. | Section 6-2-1
Applicability of chapter - Generally.
This chapter shall apply to and govern claims in all courts, and shall apply whether the claim upon which an action is commenced is based upon a debt or obligation of either legal or equitable nature.
(Acts 1915, No. 487, p. 547; Code 1923, §8955; Code 1940, T. 7, §31... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-2 - Applicability of Chapter - Exceptions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-2 - Applicability of Chapter - Exceptions. | Section 6-2-2
Applicability of chapter - Exceptions.
(a) This chapter shall not affect Section 43-2-113 insofar as it relates to claims against the heir, legatee, or devisee.
(b) The limitations provided in this chapter do not apply to such actions as concern the trade of merchandise between merchants and merchants, or... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-3 - Accrual of Claim - Fraud. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-3 - Accrual of Claim - Fraud. | Section 6-2-3
Accrual of claim - Fraud.
In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-4 - Accrual of Claim - Right of Entry. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-4 - Accrual of Claim - Right of Entry. | Section 6-2-4
Accrual of claim - Right of entry.
When a right of entry on lands accrues, the entry must be considered as having been made and the claim as having then accrued.
(Code 1852, §2482; Code 1867, §2906; Code 1876, §3232; Code 1886, §2620; Code 1896, §2803; Code 1907, §4842; Code 1923, §8952; Code 1940, T. 7, ... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-5 - Right of Entry Not Tolled. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-5 - Right of Entry Not Tolled. | Section 6-2-5
Right of entry not tolled.
The right of entry is not tolled by a descent cast.
(Code 1852, §2483; Code 1867, §2907; Code 1876, §3233; Code 1886, §2621; Code 1896, §2804; Code 1907, §4843; Code 1923, §8957; Code 1940, T. 7, §33.) |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-6 - Commencement of Limitation - Principal Against Deputy or Agent. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-6 - Commencement of Limitation - Principal Against Deputy or Agent. | Section 6-2-6
Commencement of limitation - Principal against deputy or agent.
When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission ... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-7 - Commencement of Limitation - Where Demand Necessary for Action. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-7 - Commencement of Limitation - Where Demand Necessary for Action. | Section 6-2-7
Commencement of limitation - Where demand necessary for action.
When a right exists but a demand is necessary to entitle the party to an action against any officer, agent, or attorney, the limitation commences from the commission or omission of the act giving the right of action and not from the date of t... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-8 - Suspension of Limitation - Disabilities. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-8 - Suspension of Limitation - Disabilities. | Section 6-2-8
Suspension of limitation - Disabilities.
(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three y... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-9 - Suspension of Limitation - Claims Against Estates. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-9 - Suspension of Limitation - Claims Against Estates. | Section 6-2-9
Suspension of limitation - Claims against estates.
Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the val... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-10 - Computation of Time - Absence of Person From State. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-10 - Computation of Time - Absence of Person From State. | Section 6-2-10
Computation of time - Absence of person from state.
When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter.
(Code 1852, §24... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-11 - Computation of Time - Nonmerchant Mutual Accounts. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-11 - Computation of Time - Nonmerchant Mutual Accounts. | Section 6-2-11
Computation of time - Nonmerchant mutual accounts.
When there are mutual accounts between persons who are not merchants, time must be computed from the date of the last item unless the account is liquidated and a balance struck.
(Code 1852, §2489; Code 1867, §2913; Code 1876, §3239; Code 1886, §2627; Cod... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-12 - Computation of Time - Stays by Injunction or Statutory Prohibition. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-12 - Computation of Time - Stays by Injunction or Statutory Prohibition. | Section 6-2-12
Computation of time - Stays by injunction or statutory prohibition.
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not computed as a part of the limitation time.
(Code 1852, §2497; Code 1867, §2921; Code... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-13 - Computation of Time - Contracts During War. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-13 - Computation of Time - Contracts During War. | Section 6-2-13
Computation of time - Contracts during war.
When the United States is at war with a foreign country and either party to a contract is a subject or citizen thereof, the time of the continuance of the war is not computed as part of the time limited for the commencement of an action.
(Code 1852, §2500; Code... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-14 - Computation of Time - Granting of Letters Testamentary or Administration. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-14 - Computation of Time - Granting of Letters Testamentary or Administration. | Section 6-2-14
Computation of time - Granting of letters testamentary or administration.
The time between the death of a person and the grant of letters testamentary or of administration, not exceeding six months, is not to be taken as any part of the time limited for the commencement of actions by or against his execu... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-15 - Agreement or Stipulation to Limit Time Prescribed Void; Exception. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-15 - Agreement or Stipulation to Limit Time Prescribed Void; Exception. | Section 6-2-15
Agreement or stipulation to limit time prescribed void; exception.
Except as may be otherwise provided by the Uniform Commercial Code, any agreement or stipulation, verbal or written, whereby the time for the commencement of any action is limited to a time less than that prescribed by law for the commenc... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-16 - Sufficiency of Partial Payment or Written Promise to Remove Bar. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-16 - Sufficiency of Partial Payment or Written Promise to Remove Bar. | Section 6-2-16
Sufficiency of partial payment or written promise to remove bar.
No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party ... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-1/section-6-2-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 1 - General Provisions.›Section 6-2-17 - Effect of Foreign Statutes Upon Actions on Contracts. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 1 - General Provisions. › Section 6-2-17 - Effect of Foreign Statutes Upon Actions on Contracts. | Section 6-2-17
Effect of foreign statutes upon actions on contracts.
When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar ... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-30 - Commencement of Actions - Generally; Actions for Injuries Resulting From Exposure t... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-30 - Commencement of Actions - Generally; Actions for Injuries Resulting From Exposure to Asbestos. | Section 6-2-30
Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos.
(a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless otherwise specifically provided for in this code.
(b) A civi... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-31 - Commencement of Actions - No Limitation. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-31 - Commencement of Actions - No Limitation. | Section 6-2-31
Commencement of actions - No limitation.
(a) There is no limitation of the time within which the state may commence actions for the recovery of any of the land mentioned in Section 6-6-281.
(b) There is no limitation of the time within which a county or municipal corporation may commence an action for th... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-32 - Commencement of Actions - Twenty Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-32 - Commencement of Actions - Twenty Years. | Section 6-2-32
Commencement of actions - Twenty years.
Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory of the United States must be commenced.
(Code 1852, §2475; Code 1867, §2899; Code 1876, §3224; Code 1886, §2613; Code 1896, §2794; Code... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-33 - Commencement of Actions - Ten Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-33 - Commencement of Actions - Ten Years. | Section 6-2-33
Commencement of actions - Ten years.
The following actions must be commenced within 10 years:
(1) Actions founded upon any contract or writing under seal.
(2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.
(3) Motion... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-34 - Commencement of Actions - Six Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-34 - Commencement of Actions - Six Years. | Section 6-2-34
Commencement of actions - Six years.
The following must be commenced within six years:
(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;
(2) Actions for any trespass to real or personal property;
(3) Actions for the detention or conversion of personal p... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-35/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-35 - Commencement of Actions - Five Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-35 - Commencement of Actions - Five Years. | Section 6-2-35
Commencement of actions - Five years.
The following must be commenced within five years:
(1) Where lands have been sold under a judgment of a court of competent jurisdiction, all actions founded on an equity of redemption existing in any person not a party to the proceedings who claims under the mortgago... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-36/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-36 - Commencement of Actions - Four Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-36 - Commencement of Actions - Four Years. | Section 6-2-36
Commencement of actions - Four years.
Within four years, all actions or motions against any surety to any writ of error, appeal, replevy, or forthcoming bond executed in any case in any of the courts of the United States or of any other state or country except this state must be commenced.
(Code 1852, §2... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-37/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-37 - Commencement of Actions - Three Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-37 - Commencement of Actions - Three Years. | Section 6-2-37
Commencement of actions - Three years.
The following must be commenced within three years:
(1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due; and
(2) Proce... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-38/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-38 - Commencement of Actions - Two Years. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-38 - Commencement of Actions - Two Years. | Section 6-2-38
Commencement of actions - Two years.
(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.
(b) All actions by common carriers of property subjec... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-40 - Commencement of Actions - Six Months. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-40 - Commencement of Actions - Six Months. | Section 6-2-40
Commencement of actions - Six months.
No action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing bonds or levying taxes, nor to attack the issuance of bonds pursuant to such election, unless commenced within six months from the date... |
https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 2 - Limitation of Actions.›Article 2 - Time Provisions.›Section 6-2-41 - Limitations on Claims to Charge Real Estate With Debts and Obligations of Decedent. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 2 - Limitation of Actions. › Article 2 - Time Provisions. › Section 6-2-41 - Limitations on Claims to Charge Real Estate With Debts and Obligations of Decedent. | Section 6-2-41
Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged from the payment of all legal and equitable de... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-1 - Agreements Contrary to Article Void. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-1 - Agreements Contrary to Article Void. | Section 6-3-1
Agreements contrary to article void.
Any agreement or stipulation, verbal or written, whereby the venue prescribed in this article is proposed to be altered or changed so that actions may be commenced contrary to the provisions of this article, is void.
(Code 1852, §2164; Code 1867, §2562; Code 1876, §292... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-2 - Venue of Actions - Against Individuals. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-2 - Venue of Actions - Against Individuals. | Section 6-3-2
Venue of actions - Against individuals.
(a) In proceedings of a legal nature against individuals:
(1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies.
(2) All actions on contracts, exc... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-3 - Venue of Actions - Work or Labor Done or Breaches of Easement or Right-of-Way Contra... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-3 - Venue of Actions - Work or Labor Done or Breaches of Easement or Right-of-Way Contracts. | Section 6-3-3
Venue of actions - Work or labor done or breaches of easement or right-of-way contracts.
In all actions for work and labor done or breaches of contracts or covenants as to easements or rights-of-way, the action may be commenced in the county in which the work was done or in which the land is situated as t... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-4 - Venue of Actions - Against Unincorporated Groups Issuing Insurance Policies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-4 - Venue of Actions - Against Unincorporated Groups Issuing Insurance Policies. | Section 6-3-4
Venue of actions - Against unincorporated groups issuing insurance policies.
All unincorporated organizations or associations of every kind that issue policies or certificates of insurance of any kind to their members shall be subject to a civil action in any county where they do business or issue such po... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-5 - Venue of Actions - Insurance Policies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-5 - Venue of Actions - Insurance Policies. | Section 6-3-5
Venue of actions - Insurance policies.
Repealed by Act 99-249, §2, effective July 24, 1999.
(Acts 1955, No. 366, p. 886.) |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-6 - Venue of Actions - Against Unincorporated Organization or Association. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-6 - Venue of Actions - Against Unincorporated Organization or Association. | Section 6-3-6
Venue of actions - Against unincorporated organization or association.
Action against an unincorporated organization or association may be commenced in any county where such organization or association does business or has in existence a branch or local organization.
(Acts 1921, Ex. Sess., No. 13, p. 14; ... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-7 - Venue of Actions - Against Foreign and Domestic Corporations. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-7 - Venue of Actions - Against Foreign and Domestic Corporations. | Section 6-3-7
Venue of actions - Against foreign and domestic corporations.
(a) All civil actions against corporations may be brought in any of the following counties:
(1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that ... |
https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-8 - Venue of Actions - Breach of Official Bond. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-8 - Venue of Actions - Breach of Official Bond. | Section 6-3-8
Venue of actions - Breach of official bond.
(a) At the election of the Attorney General, all actions of summary proceedings by or for the use of the state founded on breach of the official bond of a state officer or a former state officer, of a tax collector or former tax collector, of a judge of probate ... |
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