40-22-11
Section 40-22-11 Tax upon recording transfer of instrument recorded by exempt institution -
Waiver of exemption from payment of recording tax. Any corporation, organization, or institution
now or hereafter exempt from the recording privilege tax imposed by Section 40-22-2 may, at
the time of presenting for record any mortgage, deed of trust, contract of conditional sale
or other instrument of like character executed to it, waive its exemption from payment of
such recording privilege tax with respect to such instrument and pay the tax imposed by said
section at the time such instrument is presented to the judge of probate for filing, and no
transfer of the indebtedness thereby secured, thereafter presented for recording, shall be
subject to any recording privilege tax, but shall be filed for record by the judge of probate
upon the payment of the recording fees to the judge of probate. (Acts 1951, No. 816, p. 1449,
§6.)...
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45-9-84.50
Section 45-9-84.50 Remote access of records by computer; fees. (a) This section shall apply
only in Chambers County. (b)(1) The judge of probate of the county may charge and collect
an additional fee for the remote access of records in the office of the judge of probate by
computer. Fees collected pursuant to this subsection shall be deposited into the special fund
of the judge of probate and used for the maintenance of the improved recording system in the
office including, but not limited to, the maintenance and operation of the remote access to
the recording system specifically provided for in this section. (2) Any fees collected by
the judge of probate prior to June 6, 2007, are for the remote access to records in the office
by computer and the expenditure of any funds prior to June 6, 2007, for the operation of the
office of the judge of probate are retroactively ratified and confirmed. (c)(1) The judge
of probate of the county may charge an additional processing fee relating to...
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45-23-83.01
Section 45-23-83.01 Definitions. The following words and phrases, including the plural of any
thereof, whenever used in this part, shall have the following respective meanings: (1) "General
Property Instrument" means a real property instrument that affects the title to personal
property as well as real property. (2) "Improved Recording System" means 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 system when completed, will consist of the equipment necessary and suitable to record,
archive, and retrieve records. (3) "Personal Property Instrument" means 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 probate office,
in accordance with the applicable requirements of the laws of this state,...
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45-35-83.22
Section 45-35-83.22 Probate transaction fee. (a)(1) The judge of probate shall collect a probate
transaction fee in the amount of five dollars ($5) for each probate transaction that involves
probate court, recording, licenses, or tags. (2) The probate transaction fee may not apply
to tag transfers and replacement transactions. (3) The probate transaction fee shall be in
addition to any other fees authorized by law. (b) The probate transaction fees collected shall
be distributed as follows: (1) One dollar ($1) of each five dollar ($5) fee shall be paid
into a special fund to be used for the operation of the office of the judge of probate. (2)
One dollar ($1) of each five dollar ($5) fee shall be paid into a special fund to be used
for the operation of the office of the sheriff. (3) The remainder of the proceeds from the
fees shall be deposited into the county general fund. (Act 2019-169, §1.)...
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45-9-84.21
Section 45-9-84.21 Additional recording fee. (a) Pursuant to the authority granted by Amendment
380 of the Constitution of Alabama of 1901 and subsection (d) of Section 12-19-90, in Chambers
County, an additional recording fee of ten dollars ($10) shall be paid to the county and collected
by the judge of probate. No court document shall be received for record in the office of the
judge of probate unless the additional recording fee is paid. The additional recording fee
shall not apply to real property or uniform commercial code documents. The 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 instrument in the probate office. All recording fees so collected
shall be deposited by the judge of probate in any bank in Chambers County and expended at
the discretion of the judge of probate for general operation of the probate office. (b) The
fees collected under this section shall be controlled at the...
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45-10-82.22
Section 45-10-82.22 Recording fee. (a) This section shall apply only in Cherokee County. (b)
In addition to any other fees provided for by law, the county commission may increase the
recording fee by a maximum of five dollars ($5) for the first page of each instrument, paper,
writing, document, or decree filed for record in the office of the judge of probate. (c) The
fees collected pursuant to this section shall be paid into the county general fund. (Act 2015-270,
§1.)...
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35-4-58
Section 35-4-58 Mode of recording generally; time stamp; fees. Judges of probate are to procure,
at the expense of their counties, large and well-bound books, in which must be recorded in
a fair hand, or by printing the same, or by the use of a typewriter or other writing or printing,
photograph or photostat machine, word for word, conveyances of property and all other instruments
authorized to be recorded, with the acknowledgments, proofs, schedules, plats, surveys, etc.,
belonging thereto; and, at the foot or in the margin of the record of each conveyance or other
instrument, the day of the month and year of the delivery of the same for record must be specified.
The judge making the record of any conveyance or other instrument must certify on the same
when it was received and recorded and in what book and page the same is recorded and must
deliver it to the party entitled thereto, or his order, on the payment of the fees of registration;
but the judge of probate may refuse to indorse...
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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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45-36-83.42
Section 45-36-83.42 Installation of improved indexing system. The judge of probate is hereby
authorized to provide for the installation and thereafter for the maintenance of an improved
indexing system in the probate offices of the county. The initial installation of the improved
indexing system shall include all of the following: (1) The acquisition of the equipment provided
for in the definition of an improved indexing system. (2) The establishment of procedures
for the continued indexing and filing of all instruments and records that, after the effective
installation date, shall constitute any part of the improved indexing system. (3) The initial
installation shall be supervised and inspected by a person who is experienced in handling
records pertaining to abstracts and title. Following its installation in the county, the improved
indexing system shall be thereafter maintained in the county and all real property instruments,
general property instruments and personal property...
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45-20-83.22
Section 45-20-83.22 Installation of improved indexing system. The judge of probate is authorized
to provide for the installation and thereafter for the maintenance of an improved indexing
system in the probate offices of the county. The initial installation of the improved indexing
system shall include the following: (1) The acquisition of the equipment provided for in an
improved indexing system. (2) The establishment of procedures for the continued indexing and
filing of all instruments and records that shall, after the effective installation date, constitute
a part of the improved indexing system. (3) The initial installation of the improved indexing
system shall be performed by a person or persons, firm, or corporation engaged in records
management business and experienced in setting up county records; and such initial installation
shall be supervised and inspected by a person who is experienced in handling records pertaining
to abstracts and title. Following its installation in...
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