Code of Alabama

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40-20-33
Section 40-20-33 When and by whom tax payable; effect of nonpayment. Such tax shall be payable
by the grantee or grantees named or the beneficiary or real party in interest under such lease,
deed, conveyance, transfer, assignment or other writing; except, that as to any exception
or reservation creating any such interest the same shall be payable by the grantor or grantors
in such instrument. Said tax shall be due and payable upon the filing of such instrument for
record. Any probate judge who accepts or records such an instrument upon which the tax is
not paid to him in the amount required herein shall be liable to the county for the amount
of tax shown to have been due upon the instrument. The amount shall likewise constitute a
lien upon the interest so conveyed, reserved or accepted by such instrument, collectible as
are other delinquent taxes due the county. If an insufficient amount is paid by such tax,
the filing and recording of the instrument shall nevertheless be good and...
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45-39-85.41
Section 45-39-85.41 Recording fees. (a) In addition to all other fees now provided by law,
the Judge of Probate of Lauderdale County shall collect the following recording fees: (1)
Five dollars ($5) for each lot of a subdivision platted, but not less than one hundred dollars
($100) nor more than three hundred dollars ($300) for recording a subdivision plat regardless
of the number of lots platted. (2) An amount not to exceed ten dollars ($10), as determined
by the county commission by ordinance or resolution, for each real property instrument and
each personal property instrument recorded in the office of the judge of probate. (b) The
fees collected pursuant to this section by the Judge of Probate of Lauderdale County shall
be deposited in the county general fund. (Act 96-319, p. 360, §§1, 2.)...
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10A-17-1.06
Section 10A-17-1.06 Statement of authority as to real property. (a) A nonprofit association
shall execute and record a statement of authority to transfer an estate or interest in real
property in the name of the nonprofit association. (b) An estate or interest in real property
in the name of a nonprofit association may be transferred by a person so authorized in a statement
of authority recorded in the office of the judge of probate of the county in which the real
property is located. (c) A statement of authority shall set forth: (1) The name of the nonprofit
association; (2) The address in Alabama, including the street address, if any, of the nonprofit
association, or, if the nonprofit association does not have an address in Alabama, its address
out of state; (3) The name or title of a person authorized to transfer an estate or interest
in real property held in the name of the nonprofit association; and (4) The action, procedure,
or vote of the nonprofit association which authorizes...
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35-4-51
Section 35-4-51 What instruments admitted to record; filing as notice of contents; section
cumulative. Except as may be otherwise provided by the Uniform Commercial Code, all deeds,
mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey
any right, title, easement, or interest in any real estate or personal property and all assignments
of mortgages, deeds of trust, or other securities for debt or extension agreements with respect
thereto, when executed in accordance with law, shall be admitted to record in the office of
the probate judge of any county. Their filing for registration shall constitute notice of
their contents. This section shall not be construed as superseding or repealing any other
laws effective in Alabama relative to the subject matter in this article, but shall be held
and construed to be cumulative. (Acts 1927, No. 442, p. 496; Code 1940, T. 47, §95; Acts
1965, No. 549, p. 811.)...
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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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34-3-60
Section 34-3-60 Fees paid as part of costs in partition and trust proceedings. In all actions
and proceedings in the probate courts and circuit courts and other courts of like jurisdiction,
where there is involved the administration of a trust, or where there is involved the sale
of property for distribution, or where there is a partition in kind of real or personal property
between tenants in common, the court having jurisdiction of such action or proceeding may
ascertain a reasonable attorney's fee, to be paid to the attorneys or solicitors representing
the trust, joint or common property, or any party in the action or proceeding, and is authorized
to tax as a part of the costs in such action or proceeding such reasonable attorney's fee,
which is to be paid when collected as the other costs in the proceeding to such attorneys
or solicitors as may be directed or ordered by the court and to be a lien on the several parts
in case of partition in kind. (Code 1907, §§3010, 5219; Code...
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45-2-220.05
Section 45-2-220.05 Additional recording fees. (a) In Baldwin County, there is levied an additional
recording fee of three dollars ($3), and the Baldwin County Commission may impose, by resolution
of the county commission, an additional recording fee not to exceed two dollars ($2), which
shall be charged and collected on each instrument, unless the instrument is otherwise exempt
from all fees filed for record in the office of the judge of probate. The office of the judge
of probate shall not receive an instrument, unless the instrument is otherwise exempt from
the payment of a filing fee, for filing unless the filing fee required by this part is paid.
The fees required by this part shall be in addition to all other fees provided by law. (b)
One dollar ($1) from each three dollar ($3) additional recording fee collected shall be distributed
to the Baldwin County District Attorney's Office. (c) The operation of Act 2019-338 shall
be retroactive to June 1, 2000, and all action taken and...
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15-13-156
Section 15-13-156 Filing of lien in default cases - Release. (a) Clerks of all courts of the
state and its subdivisions may file the "lien and affidavit" form in the probate
court of the county where the property is located immediately after a final forfeiture is
ordered by any court of the State of Alabama or its subdivisions. The probate court shall
file and record it in its real property recordings and there shall be no charge to the city
or state assessed or collected. (b) In all final forfeiture cases of property bail, where
the judgment has been satisfied by the sureties or the court has set aside the final forfeiture
and the sureties liability has been discharged by law, the clerk of the court shall see that
any "lien and affidavit" form previously filed is so cancelled. The clerk may cancel
it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and
recorded by the judge of probate of the county where the property is located. The probate
court...
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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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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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