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40-22-6
Section 40-22-6 Tax upon recording transfer of instrument recorded by exempt institution -
Generally. If any mortgage, deed of trust, contract of conditional sale, or other instrument
of like character heretofore or hereafter filed for record in any probate office of this state
which was or shall be given to secure the payment of any debt incurred to a corporation, organization,
or institution now or hereafter exempt by law from the payment of the recording privilege
tax imposed by Section 40-22-2 and upon which such recording privilege tax has not been previously
paid has been heretofore or be hereafter transferred to a person, corporation, organization,
or institution not exempt from payment of such tax and such transfer is presented for record
within this state, such transfer shall be received for record upon payment of the privilege
tax imposed by said section upon the then unpaid balance of the secured debt and the recording
fees of the probate judge. (Acts 1951, No. 816, p. 1449,...
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40-22-11
Section 40-22-11 Tax upon recording transfer of instrument recorded by exempt institution -
Waiver of exemption from payment of recording tax. Any corporation, organization, or institution
now or hereafter exempt from the recording privilege tax imposed by Section 40-22-2 may, at
the time of presenting for record any mortgage, deed of trust, contract of conditional sale
or other instrument of like character executed to it, waive its exemption from payment of
such recording privilege tax with respect to such instrument and pay the tax imposed by said
section at the time such instrument is presented to the judge of probate for filing, and no
transfer of the indebtedness thereby secured, thereafter presented for recording, shall be
subject to any recording privilege tax, but shall be filed for record by the judge of probate
upon the payment of the recording fees to the judge of probate. (Acts 1951, No. 816, p. 1449,
§6.)...
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40-10-31
Section 40-10-31 Removal of cloud upon title to real estate erroneously sold for taxes. Where
real estate is erroneously sold for taxes and the state became the purchaser thereof, it shall
be the duty of the tax collector of the county in which the real estate is situated to prepare
and issue a certificate setting forth the following facts: (1) A correct description of the
real estate sold and purchased by the state, (2) That the sale was erroneous and the reason
therefor, and (3) The present owner of the property, if known. This certificate shall be forthwith
forwarded to the Land Commissioner of the state; and, if it is determined by him that the
facts therein set out are true and correct, he shall approve the same and forward the same
to the judge of probate of the county in which the property is situated, who shall note on
the margin of the record of such sale the fact that the Land Commissioner has approved the
cancellation of the same, and he shall mark the sale void and sign his...
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11-54-95
Section 11-54-95 Documents of boards may be filed for record without payment of taxes or certain
fees. The certificate of incorporation of the industrial development board, any deeds or other
documents whereby properties are conveyed to the board, any mortgages or deeds of trust executed
by the board, any leases or agreements or contracts of sale made by the board, any deeds or
other documents whereby properties are conveyed by the board to another pursuant to a contractual
obligation of the board or as a result of the exercise of an option theretofore granted by
the board, and the certificate of dissolution of the board may all be filed for record in
the office of the judge of probate of the county in which the board is organized or any county
in which any property involved is located without the payment of any tax or fees other than
such fees as may be authorized by law for the recording of such instruments. (Acts 1949, No.
648, p. 991, §15; Acts 1953, No. 854, p. 1144, §2; Acts...
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12-21-66
Section 12-21-66 Proof of land office deeds or written instruments for conveyance or sale of
land. Any deed or written instrument for the conveyance or sale of land purchased or entered
at any land office of the United States in this state made or signed in or upon any book or
record of such office may be proved by a copy thereof, certified by the register of such land
office under his hand to be a correct copy, and such copy shall be received in all courts
and proceedings under the laws of this state and may be recorded in the office of the probate
judge of the county in which the land may be. A transcript of such record in the office of
the probate judge may be certified and used in the same manner and in the same cases as transcripts
of such records of original deeds may be. (Code 1867, §2692; Code 1876, §3044; Code 1886,
§2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)...
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6-5-200
Section 6-5-200 When title to land conferred or defeated; when claim may be defended or prosecuted;
construction of section. (a) Adverse possession cannot confer or defeat title to land unless:
(1) The party setting it up shall show that a deed or other color of title purporting to convey
title to him has been duly recorded in the office of the judge of probate of the county in
which the land lies for 10 years before the commencement of the action; (2) He and those through
whom he claims shall have annually listed the land for taxation in the proper county for 10
years prior to the commencement of the action if the land is subject to taxation; or (3) He
derives title by descent cast or devise from a predecessor in the title who was in possession
of the land. (b) If the period during which the party's deed or color of title has been on
record, added to the time during which the deeds or color of title of those through whom he
claims have been on record, amounts to 10 years, he may...
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4-3-59
Section 4-3-59 Exemption of bonds, property and income of authority from taxation; concessionaires,
tenants, etc., of authority subject to state and local taxation; exemption from payment of
deed recording fees and roll-back taxes. The bonds issued by the authority and the income
therefrom shall be exempt from all taxation in the state. All property and income of the authority
shall be exempt from all state, county, municipal and other local taxation; provided however,
that this exemption shall not be construed to exempt concessionaires, licensees, tenants,
operators or lessees of the authority from the payment of any licenses or privilege taxes
levied by the state, the county or any municipality in the state. Any deeds or other documents
whereby properties are conveyed to the authority, any indentures executed by the authority
and any leases made by the authority may be filed for record in the office of the judge of
probate of the county without the payment of any tax or fees other...
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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or release, affidavit, marriage license,
official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer,
assignment, satisfaction, declaration of vacation bond to indemnify, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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