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35-4-130
Section 35-4-130 Lis pendens record. The judge of probate of each county in this state shall
keep in his office as a public record a suitable book, to be called a lis pendens record.
(Acts 1915, No. 77, p. 122; Code 1923, §6877; Code 1940, T. 47, §65.)...
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35-4-137
Section 35-4-137 Release of land from lien upon execution of bond. When any lis pendens in
an action or proceeding to enforce a lien has been filed and recorded in the office of the
judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming
the land described in the lis pendens may at any time, before a judgment is entered enforcing
the lien, nullify the notice given by such lis pendens by executing a bond with sufficient
surety in double the amount of the fair market value of the land described in the lis pendens
and as to which the lis pendens is to be nullified, the amount of the bond and the surety
or sureties thereon to be approved by the judge of probate. The bond shall be payable to the
judge of probate and conditioned to pay any sum of money found to be a lien against such land,
up to the fair market value of the said land, said payment to be made by 12:00 noon of the
day and at the place appointed for the sale thereof. When said bond has...
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45-25-83.02
Section 45-25-83.02 Indexing system; special indexing fee. (a) This section shall only apply
in DeKalb County. The purpose of this section is to facilitate the use of public records in
property transactions in DeKalb County by providing for the installation of an improved system
of indexing of instruments and documents affecting the title to real and personal property
that are recorded in the office of judge of probate and for the indexing of other instruments,
documents, and other uses at the discretion of the judge of probate. (b) The following words
and phrases, including the plural of any thereof, whenever used in this section, shall have
the following respective meanings: (1) GENERAL PROPERTY INSTRUMENT. A real property instrument
that affects the title to personal property as well as real property. (2) IMPROVED INDEXING
SYSTEM. A system of indexing real property instruments and personal property instruments in
the probate office and, at the discretion of the judge of probate, of...
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45-8-84.20
Section 45-8-84.20 Indexing system; special indexing fee. (a) The provisions of this section
shall apply only in Calhoun County. The purpose of this section is to facilitate the use of
public records in property transactions in Calhoun County by providing for the installation
of an improved system of indexing of instruments and documents affecting the title to real
and personal property that are recorded in the office of the judge of probate and for the
indexing of other instruments, documents, and other uses in the discretion of the judge of
probate. (b) The following words and phrases, including plural of any thereof, whenever used
in this section, shall have the following respective meanings: (1) "Real property instrument"
means and includes any instrument or document affecting the title to real property that may
now or hereafter be filed for record in the probate office pursuant to the applicable requirements
of the laws of this state, including but without limitation to Section...
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45-14-82.70
Section 45-14-82.70 Improved system of recording documents. (a) The provisions of this section
shall only apply in Clay County. The purpose of this section is to facilitate the use of public
records in property transactions in Clay County by providing for the installation of an improved
system of recording, archiving, and retrieving instruments and documents affecting the title
to real and personal property that are recorded in the office of the judge of probate and
for the recording, archiving, and retrieving of other instruments, documents, and other uses
in the discretion of the judge of probate. (b) The following words and phrases, including
the plural of any thereof, whenever used in this section, shall have the following respective
meanings: (1) "Real Property Instrument" means and includes any instrument or document
affecting the title to real property that may now or hereafter be filed for record in the
probate office pursuant to the applicable requirements of the laws of this...
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45-9-84.22
Section 45-9-84.22 System of recording, archiving, and retrieving instruments and documents.
(a) The provisions of this section shall only apply in Chambers County. The purpose of this
section is to facilitate the use of public records in property transactions in Chambers County
by providing for the installation of an improved system of recording, archiving, and retrieving
instruments and documents affecting the title to real and personal property that are recorded
in the office of the judge of probate and for the recording, archiving, and retrieving of
other instruments, documents, and other uses in the discretion of the judge of probate. (b)
The following words and phrases, including the plural of any thereof, whenever used in this
section, shall have the following respective meanings: (1) "Real Property Instrument"
means and includes any instrument or document affecting the title to real property that may
now or hereafter be filed for record in the probate office pursuant to the...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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45-19-82.50
Section 45-19-82.50 General register of transactions; disposition of funds. (a) The Judge of
Probate of Coosa County pursuant to Section 12-13-41, shall maintain a general register for
all transactions recorded by the probate office and shall have a general direct and general
reverse index for every instrument filed. Specifically included in the general register are
those instruments described in Section 12-13-41(11) (deeds and mortgages, etc.); Section 12-13-41(13)
(adverse possession); Section 35-4-52 (bankruptcy petitions); Section 35-4-53 (bonds for title);
Sections 35-4-69 and 35-4-71 (affidavits relative to chain of title of land); Section 35-4-76
(options to buy land); Section 35-4-90 (agreements to convey land); Section 35-4-91 (wills
which convey real property); Section 35-4-130 (lis pendens and hospital liens); Sections 36-5-3,
36-5-4, 36-5-5, and 36-5-6 (official bonds, notary bonds and oaths of office); Section 10-2A-93
(corporations); Section 10-4-26 (church minutes which...
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45-28-84
Section 45-28-84 Filing fee for mental health program. (a) The Probate Judge of Etowah County
shall charge a fee of two dollars ($2) for filing for record or for recording each and every
instrument, paper, writing, document, or decree in his or her office, including each real
estate instrument, real estate mortgage, warranty deed, power of attorney, quitclaim deed,
judgment, timber deed, deed/executive deed, subordination agreement, agreement, land lease,
partial release/release, affidavit, official bond, plat, oath of office, bill of sale, custodian
bond, declaration of trust, financing statement, transfer, assignment, satisfaction, bond
of indemnity, declaration of vacation, lis pendens notice, order approving trustees bond,
and excerpts of minutes. This fee shall not apply to judicial matters filed in the probate
court section of the Probate Court of Etowah County nor shall the additional fee apply to
marriage licenses. (b) By the tenth of the month following collection, all funds...
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