Code of Alabama

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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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45-10-82.20
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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45-15-82.62
Section 45-15-82.62 Real and personal property instruments. In Cleburne County, there is levied
a total recording fee of three dollars ($3) on each real property instrument and each personal
property instrument filed for record in the office of the judge of probate and a fee of three
dollars ($3) for each certified or formal copy of a record retrieval by the probate office.
The fee shall be paid into the county general fund for upgrading the recordkeeping system
in the office of the judge of probate. (Act 90-643, p. 1198, §1; Act 95-779, p. 1854, §1.)...

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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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45-10-82.22
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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40-22-7
Section 40-22-7 Tax upon recording transfer of instrument recorded by exempt institution -
Certification of payment of tax. Upon the filing for record of a transfer under Section 40-22-6
and upon payment of such tax and recording fees, the probate judge or his clerk shall certify
on such transfer the fact that the said tax has been paid; and, when so certified by the probate
judge or his clerk, such transfer and all subsequent transfers thereof shall be admitted to
record in any county wherein any of the property mentioned in the mortgage, deed of trust,
contract of conditional sale, or other instrument of like character so transferred is situated
without the payment of any further tax thereon, except the fee to the probate judge for recording
such transfer. (Acts 1951, No. 816, p. 1449, §2.)...
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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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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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11-81-27
Section 11-81-27 Mortgages of public property for payment of debts. Any county or municipality
of this state may mortgage any public property for the payment of any debt contracted in connection
with such mortgaged property either originally or as a renewal, and such mortgage shall be
admitted to record in the office of the probate judge of any county of this state without
the payment of any tax upon the debt secured thereby or any other fee or charge except the
costs of recording the instrument at the rate fixed by law. (Acts 1927, No. 478, p. 534; Code
1940, T. 37, §267.)...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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