35-10-92
Section 35-10-92 Submission of a satisfaction of a security instrument for recording. (a) A
secured creditor shall submit for recording a satisfaction of a security instrument within
30 days after the creditor receives full payment and performance of the secured obligation,
and the secured creditor has no obligation to make advances, incur obligations, or otherwise
give value under any agreement. Equity line security instruments are fully paid and performed
only if, in addition to full payment and performance, the equity line previously has been
closed pursuant to the request of the entitled person or the entitled person's authorized
agent or otherwise closed as provided by law and all secured obligations have been paid in
full. (b) Notwithstanding anything to the contrary in this article, any notification demanding
satisfaction of the security instrument must be sent to the secured creditor's address by
a method that also provides proof of receipt by the secured creditor. (c) A...
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35-10-96
Section 35-10-96 Affidavit of satisfaction requirements. An affidavit of satisfaction of a
security instrument must do all of the following: (1) Identify the original parties to the
security instrument, the secured creditor, and the recording data for the security instrument.
(2) State the basis upon which the person signing the affidavit is a satisfaction agent including,
without limitation, that the person signing the affidavit is authorized to sign on behalf
of, and to bind, the insurance company acting as satisfaction agent. (3) State that the person
signing the affidavit has determined that the real property described in the security instrument
is residential real property or was residential real property at the time the security instrument
was made. (4) State that the person signing the affidavit determined that the secured creditor
has received full payment or performance of the secured obligation and, if the security instrument
is an equity line security instrument, that the...
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35-10-94
Section 35-10-94 Notification by satisfaction agent to secured creditor. (a) If a secured creditor
has not submitted for recording a satisfaction of a security instrument within the time set
forth in Section 35-10-92 after full and complete payment of all indebtedness secured by the
security instrument, a satisfaction agent acting for and with authority from the mortgagors
may give the secured creditor a notification that the satisfaction agent intends to submit
for recording an affidavit of satisfaction of the security instrument. The notification must
include all of the following: (1) The identity and mailing address of the satisfaction agent.
(2) Identification of the security instrument for which a recorded satisfaction is sought,
including the names of the original parties to, and the recording data for, the security instrument.
(3) A statement that the satisfaction agent has determined all of the following: a. That the
real property described in the security instrument is...
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35-10-90
Section 35-10-90 Short title; application; definitions. (a) This article shall be known as
the Alabama Residential Mortgage Satisfaction Act. This article applies only to mortgages
securing residential real property located in this state which is used primarily for personal,
family, or household purposes and is improved by one to four dwelling units. Without limitation,
this article does not apply to mortgages on commercial or other types of property. This article
also does not apply to a security interest exclusively in one or more fixtures as defined
in Title 7, Article 9A. (b) For purposes of this article, the following terms shall have the
following meanings: (1) ENTITLED PERSON. The person or persons liable for payment or performance
of the obligation secured by the real property described in a security instrument. (2) EQUITY
LINE SECURITY INSTRUMENT. A security instrument securing, in whole or in part, indebtedness
created under a line of credit, a revolving or open-end credit...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...

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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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35-10-95
Section 35-10-95 Conditions for satisfaction agent to sign and submit affidavit for recording.
(a) Subject to subsections (b) and (c), a satisfaction agent may sign and submit for recording
an affidavit of satisfaction of a security instrument complying with this article if either
of the following occurs: (1) There does not appear of record a satisfaction of a security
instrument within 30 days after the receipt by the secured creditor of the notification. (2)
The secured creditor authorizes the satisfaction agent to do so. (b) A satisfaction agent
may not sign and submit for recording an affidavit of satisfaction of a security instrument
if it has received a notification stating that the secured obligation remains unsatisfied
or information that the security instrument has been assigned. (c) If a satisfaction agent
receives information that the security instrument has been assigned, the satisfaction agent
may not submit for recording an affidavit of satisfaction of the security...
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35-10-98
Section 35-10-98 Liability. (a) Except as otherwise provided in subsection (b), a satisfaction
agent or any other person who executes an affidavit of satisfaction of a security instrument
erroneously or as a result of negligence or non-compliance with this article is liable to
the secured creditor for any actual economic damages caused by the recording of the satisfaction.
(b) This article does not apply to the liability of a satisfaction agent who executes an affidavit
of satisfaction of a security instrument erroneously as a result of wantonness, recklessness,
or deliberate misconduct, nor does this article apply to the liability of a person other than
a satisfaction agent who erroneously executes an affidavit of satisfaction. (Act 2012-278,
p. 554, §9.)...
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35-10-91
Section 35-10-91 Payoff statement; notice. (a) A person liable for payment or performance of
the obligation secured by the real property described in a security instrument who makes proper
notice pursuant to this section shall be entitled to receive a payoff statement. (b) Proper
notice must contain all of the following: (1) The entitled person's name. (2) If given by
a person other than an entitled person, the name of the person giving the notification and
a statement, if required by the secured party evidence, that the person is an authorized agent
of the entitled person. (3) The address to which the creditor must send the statement. (4)
The account number assigned by the secured creditor or other sufficient information to enable
the creditor to identify the secured obligation and the real property encumbered by the security
interest. (5) If the secured obligation is an equity line, a statement that the entitled person
requests the secured creditor to close the equity line upon...
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