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11-42-68
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of
circuit court; withdrawal of map and certified resolution from files of probate judge for
use in circuit court. If an appeal is taken, the judge of probate shall transmit all papers
in the action, except the map and certified resolution, to the clerk of the court to which
the appeal is taken, and such map and certified resolution, after the same have been recorded
by the judge of probate as provided in this article, may be withdrawn from the file in the
judge of probate's office by either party for use in the trial of the action in the circuit
court, but must be returned to the judge of probate immediately after the trial of said action
in the circuit court. (Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)...
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35-4-62
Section 35-4-62 Locations for recording conveyances in real property, deeds, mortgages, etc.
(a) Conveyances of real property shall be recorded in the county in which the property is
situated. (b) A deed, mortgage, certificate of judgment, state or federal tax lien, lis pendens,
or financing statement filed pursuant to Article 9A (commencing with Section 7-9A-101) of
Title 7, conveying or affecting an interest in real property in counties divided into divisions,
in counties that maintain more than one courthouse, or in counties that maintain one or more
courthouse annexes, may be recorded in either division of the county, in any courthouse located
within the county, or in any courthouse annex located within the county when conveyances of
real property recorded within the county are electronically stored and indexed so that retrieval
of all recordings, after August 1, 2004, may be accomplished from any courthouse or courthouse
annex within the county. (Code 1852, §1273; Code 1867,...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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35-4-67
Section 35-4-67 Proof of conveyances executed in name of corporation. (a) Any deed, mortgage
or other conveyance of property which purports on its face to have been executed in the name
of any corporation by any person as its president, vice-president, or secretary, or by any
one or more of said persons, shall, when attested by one or more witnesses or acknowledged
by such person or persons before any officer authorized by the laws of this state to take
and certify acknowledgments, be prima facie evidence that such conveyance was executed in
the name of said corporation by such person or persons as such officer or officers and that
said person or persons were such officer or officers of said corporation and duly authorized
by said corporation to execute said conveyance in its name. (b) All conveyances of real property,
or any interest therein, whether absolute or on condition, which have been executed and acknowledged
as provided by subsection (a) of this section, or attested and...
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10A-20-2.05
Section 10A-20-2.05 Borrowing of money and securing same by mortgage or deed of trust. The
trustees, or a majority of them, or authorized agents of any church, conference of churches,
societies, or associations organized by special charter or under the general laws of this
state, may borrow money to an amount as may be authorized by a majority of the trustees or
authorized agents and may, by mortgage or deed of trust, convey all or any part of the property
owned, real or personal, or both, to secure the payment of any debt contracted by the trustees
or authorized agents; but before the mortgage or deed of trust can be executed, a majority
of the board of trustees or authorized agents shall have first authorized the incurring of
the debt and the execution of the mortgage or deed of trust on all or part of the real or
personal property, or both, of the church, conference of churches, society, or association,
which authorization must be made at a meeting of the board of trustees or...
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40-29-29
Section 40-29-29 Certificate of sale; deed of real property. (a) Certificate of sale. In the
case of personal property sold as provided in Section 40-29-26, the commissioner or his delegate
shall give to the purchaser a certificate of sale upon payment in full of the purchase price.
(b) Deed to real property. In the case of any real property sold as provided in Section 40-29-26
and not redeemed in the manner and within the time provided in Section 40-29-28, the commissioner
or his delegate shall execute to the purchaser of such real property at such sale, upon his
surrender of the certificate of sale, a deed of the real property so purchased by him, reciting
the facts set forth in the certificate. (c) Real property purchased by State of Alabama. If
real property is declared purchased by the State of Alabama at a sale pursuant to Section
40-29-26, the commissioner or his delegate shall at the proper time execute a deed therefor,
and without delay cause such deed to be duly recorded in...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-25-83.02.htm - 6K - Match Info - Similar pages
11-89C-5
Section 11-89C-5 Exemption of public corporation from fees and taxes. The property and income
of any public corporation, and any conveyance, lease, mortgage, deed of trust, or trust indentures
by or to the public corporation shall be exempt from all state and local taxation. The public
corporation shall not be obligated to pay any fees, taxes, or costs to the judge of probate
of any county for its incorporation, the amendment of its certificate of incorporation, or
the recording of any document, including, but not limited to, deeds, leases, and easements.
(Acts 1995, No. 95-775, p. 1835, §5.)...
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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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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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