Code of Alabama

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45-44-84.42
Section 45-44-84.42 Definitions. As used in this subpart, the following words shall have the
following meanings: (1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects
the title to personal property as well as real property. (2) IMPROVED RECORDING SYSTEM. A
system of recording real property instruments and personal property instruments in the probate
office and, in the discretion of the judge of probate, of recording other instruments and
documents, which when completed, shall consist of the equipment necessary and suitable to
record, archive, and retrieve records. (3) PERSONAL PROPERTY INSTRUMENT. Any instrument or
document affecting the title to personal property only, as distinguished from real property,
that may be now or hereafter required to be filed or titled for record in the office of the
judge of probate, in accordance with the applicable requirements of the laws of this state,
including, without limitation, Sections 35-4-50 and 35-4-90. (4) REAL PROPERTY...
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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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36-5-13
Section 36-5-13 Attorneys not deemed sufficient sureties on official bonds of probate judges,
sheriffs, constables, etc. A practicing attorney-at-law must not be deemed a sufficient surety
on the official bond of the judge of probate or of the clerk or register of any court of record
or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner,
or of any constable, general or special. (Code 1886, §264; Code 1896, §3077; Code 1907,
§1490; Code 1923, §2602; Code 1940, T. 41, §43.)...
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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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45-3-84.116
Section 45-3-84.116 Special recording and filing fee. Effective immediately after August 1,
1998, a special recording and filing fee of five dollars ($5) shall be paid to and collected
by the Judge of Probate of Barbour County, with respect to each real property instrument,
each personal property instrument, and each Uniform Commercial Code document that may be filed
for record in the office of the judge of probate and with respect to other instruments and
documents in the probate office at the discretion of the judge of probate, and on and after
that date, no instrument or document shall be received for record in the office of the judge
of probate unless the special recording fee of five dollars ($5) is paid. The special recording
fee shall be in addition to all other fees, taxes, and charges required by law to be paid
upon the filing for record of any real property instrument, personal property instrument,
or Uniform Commercial Code document, and for the recording of other...
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45-31-83
Section 45-31-83 Special recording fee. In Geneva County, upon the passage of a resolution
by the county commission at a regularly scheduled meeting, the county commission may levy
a special recording fee of three dollars ($3) which shall be paid to the county and collected
by the judge of probate with respect to each real property instrument and each personal property
instrument that may be filed for record in the office of the judge of probate and for the
recording of other instruments and documents in the probate office. After the levy of the
fee provided by this section, no instrument shall be received for record in the office of
the judge of probate unless the special recording fee of three dollars ($3) is paid. The special
recording fee shall be in addition to all other fees, taxes, and other charges required by
law to be paid upon the filing for record of any real property instrument or personal property
instrument, and for the recording of other instruments and documents in the...
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45-35-83.20
Section 45-35-83.20 Additional filing fee. (a) The Judge of Probate of Houston County shall
charge a special additional filing fee of two dollars ($2) for filing or for recording each
and every instrument, paper, writing, document, or decree in his or her office including,
but not limited to, those related to: each personal property, Uniform Commercial Code statement,
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) The month following collection, all funds so collected shall be paid by the
judge of probate into the treasury of Houston County. (c) This section is cumulative. Nothing
herein contained shall alter or change an existing law...
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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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45-25-83
Section 45-25-83 Fee for copies of instruments. Pursuant to the authority granted in subsection
(d) of Section 12-19-90, the Judge of Probate of DeKalb County shall set the fee for supplying
a copy of an instrument, provided however, the fee shall not exceed twenty-five cents ($0.25)
per page. The fee shall be in lieu of any other fee prescribed by law for the service. The
money shall be charged and deposited by the judge of probate into a special fund kept by the
judge of probate. Such special fund shall be expended by the judge of probate, at his or her
discretion, for the general operations of his or her office. (Act 85-942, p. 268, §1.)...

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45-28-84.01
Section 45-28-84.01 Fee for copies. Pursuant to the authority granted in subsection (d) of
Section 12-19-90, the Probate Judge of Etowah County shall set the fee for supplying a copy
of an instrument. The fee shall be in lieu of any other fee prescribed by law for the service.
The money shall be charged and deposited by the probate judge into a special fund kept by
the probate judge. Such special fund shall be expended by the probate judge, at his or her
discretion, for the general operations of his or her office. (Act 88-796, p. 233, §1.)...

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