Section 35-10-25 – Executors and Administrators Authorized to Execute Releases, Etc.
Section 35-10-25 Executors and administrators authorized to execute releases, etc. Any executor of a will or administrator of an estate duly appointed by the proper court shall have authority to execute releases and discharges and may enter satisfaction on the margin of the record of any mortgage, lien, or other encumbrance in favor of a […]
Section 35-10-7 – Sale to Be Held in County Where Property Situated.
Section 35-10-7 Sale to be held in county where property situated. All sales of real estate, under powers of sale contained in mortgages and deeds of trust shall be held in the county where all or part of said real estate is situated. (Acts 1923, No. 494, p. 658; Code 1923, §9016; Code 1940, T. […]
Section 35-10-26 – Title Revested Upon Payment of Debt.
Section 35-10-26 Title revested upon payment of debt. The payment or satisfaction of the real property mortgage debt divests the title passing by the mortgage. “Payment or satisfaction of the real property mortgage debt” shall not occur until there is no outstanding indebtedness or other obligation secured by the mortgage, and no commitment or agreement […]
Section 35-10-8 – How Notice of Sale Given.
Section 35-10-8 How notice of sale given. Notice of said sale shall be given in the manner provided in such mortgage or deed of trust or in this Code in the county where the mortgagor resides and the land, or a part thereof, is located; but, if said mortgagor does not reside in the county […]
Section 35-10-27 – Entry of Full Payment or Satisfaction in Record – Generally.
Section 35-10-27 Entry of full payment or satisfaction in record – Generally. If a mortgage or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has received payment or satisfaction, […]
Section 35-10-9 – Sales Contrary to Article Null and Void.
Section 35-10-9 Sales contrary to article null and void. All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the contrary. (Code 1923, §9018; Code 1940, T. 47, §172.)
Section 35-10-10 – Sections 35-10-7 Through 35-10-9 Not Applicable to Mortgages or Deeds of Trust Executed Before September 29, 1923.
Section 35-10-10 Sections 35-10-7 through 35-10-9 not applicable to mortgages or deeds of trust executed before September 29, 1923. The provisions of sections 35-10-7 through 35-10-9 shall not apply to mortgages or deeds of trust executed before September 29, 1923. (Code 1923, §9019; Code 1940, T. 47, §173.)
Section 35-10-11 – Definitions.
Section 35-10-11 Definitions. Unless the context otherwise requires, the words defined in this section shall have the following meanings when they appear in this article: (1) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor’s lien. (2) MORTGAGEE. All […]
Section 35-10-12 – Execution of Foreclosure by Power of Sale; Effect; Indexing of Deeds.
Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds. Where a power to sell lands is given in any mortgage, the power is part of the security and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money […]
Section 35-10-13 – Notice of Sale; Minimum Standards.
Section 35-10-13 Notice of sale; minimum standards. Notice of said sale shall be given in the county where said land is located. Notice of all sales under this article shall be given by publication once a week for three successive weeks in a newspaper published in the county or counties in which such land is […]