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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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall
be brought in any court to enforce any lien upon, right to or interest in, or to recover any
land, or where an application has been made to the probate judge of any county for an order
of condemnation of land, or any interest therein, the person, corporation, or governmental
body commencing such action or proceeding or making such application shall file with the judge
of probate of each county where the land or any part thereof is situated a notice containing
the names of all of the parties to the action or proceeding, or the persons named as those
having an interest in the land in the application for an order of condemnation, a description
of the real estate and a brief statement of the nature of the lien, writ, application, or
action sought to be enforced. The judge of probate shall immediately file and record the notice
in the lis pendens record and note on it and in the record the hour and date...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment,
a certificate of which has been filed as provided in Section 6-9-210, shall be a lien
in the county where filed on all property of the defendant which is subject to levy and sale
under execution, and such lien shall continue for 10 years after the date of such judgment;
provided, that when an action or other proceeding to enforce or foreclose said lien is instituted
or begun within said 10 years, but has not been completed, decided, or determined within said
10-year period, and at the time said action or proceeding is instituted or begun, or lien
claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate
of the county in which said property is situated, the lien provided for in this section
shall continue as to the property upon which said lien is claimed in said action or proceeding
and may be enforced or foreclosed in that action as if said 10-year period had not...
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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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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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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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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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35-4-52
Section 35-4-52 Petitions, decrees, or orders of bankruptcy. (a) A certified copy of
the petition, with or without the schedules thereto, of the decree of adjudication or of the
order approving the trustee's bond in bankruptcy proceedings under the provisions of the acts
of the Congress of the United States may be filed in the office of the judge of probate of
every county in this state where the bankrupt owns or has an interest in real property situated
in said county, and such filing shall constitute notice of such proceeding as may be provided
by law. (b) The judge of probate shall immediately file and record such certified copy in
the lis pendens record kept in his office, note on it and in the record the hour and date
of the filing and place and date of recording and index the same directly in the name of the
bankrupt. (Acts 1953, No. 183, p. 236, §§1, 2.)...
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45-10-82.20
Section 45-10-82.20 Mental Health Fund; filing fees. (a) The Probate Judge of Cherokee
County will 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, but
not limited to, each real estate, warranty deed, deed/executive deed, subordinate agreement,
agreement, land lease, partial release/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, license pendens notice, order approving
trustee bond, and excerpts of minutes. (b) By the tenth of the month following collection,
all funds so collected shall be paid by the probate judge into the Treasury of Cherokee County
and kept in a fund to be designated the Mental Health Fund. Expenditures from the fund shall
be for the benefit and furtherance of the mental health program in...
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45-49-85
Section 45-49-85 Indexing system. (a) The following words, phrases, and terms including
the plural of any thereof, whenever used in this section, shall have the following
respective meanings: (1) CODE. The Code of Alabama, 1975, as amended. (2) COMPUTERIZED METHODS
OF INDEXING. The use of computer hardware and software to alphabetize, store, assemble, transmit
electronically, and generally prepare index information and shall include, but shall not be
limited to, the following: a. Display terminals used to enter, transmit, and retrieve index
information for specified periods. b. Computer speed printers used to prepare hard copy index
books. c. Storage of index information using disks, magnetic tape, cartridges, chips, or any
other method approved by the judge of probate. d. Computer processors to sort and alphabetize
index information. e. Any other computer techniques or equipment necessary for preparing the
various indexes. (3) COUNTY. Mobile County, Alabama. (4) GENERAL PROPERTY...
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