Section 16.10.337. Deficiencies and transfer of entry permits after foreclosure.

   (a) Upon a foreclosure on an entry permit as provided in AS 16.10.335 or the termination of a debtor's interest in an entry permit under AS 16.10.335(g), the commissioner shall offer the commission a right of first refusal if the permit is subject to a buy-back program under AS 16.43.290 - 16.43.330 at a price equal to the amount outstanding on the note plus any costs the department directly incurred in administering the loan.
   (b) If the commission does not exercise its right of first refusal within 30 days after it receives the offer, or if the permit is not subject to a buy-back program under AS 16.43.290 - 16.43.330, the department shall advertise and sell the permit. If the proceeds of the sale of a permit exceed the amount necessary to pay the note in full, plus penalties, costs of administration of the note, attorney fees, and child support liens of which the department has notice, the excess shall be transferred by the commissioner to the debtor. At any time until the permit has been sold under this subsection, the debtor may repurchase the permit by paying the department the amount necessary to pay the note in full, plus penalties, costs of administration of the note, and attorney fees, as determined by the commissioner.
   (c)   [Repealed, Sec. 72 ch 113 SLA 1982].
   (d) Nothing in this section affects the right of the commissioner to institute legal action for a deficiency resulting from a default on a note given under AS 16.10.333.  In addition to any deficiency, the debtor is liable for the costs of administering the note and for costs and attorney fees.

Authorities

16.43.960;16.43.970

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

3 AAC 77.020
3 AAC 77.030
3 AAC 77.040
3 AAC 77.100

References

3 AAC 77.020
AS 16.43.960 Commission revocation or suspension of permits.
AS 16.43.970 Penalties.

History

(Sec. 4 ch 83 SLA 1978; am Sec. 72 ch 113 SLA 1982; am Sec. 5 ch 7 SLA 1983; am Sec. 4 ch 110 SLA 1998; am Sec. 3 ch 56 SLA 2003)