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35-4-151
Section 35-4-151 Error in any description sufficient to maintain civil action. In order to
authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance
containing an erroneous description to maintain a civil action for the reformation of the
same, it shall not be necessary that there shall be any error in description in all the conveyances
constituting the chain of title from the grantor in the conveyance containing the erroneous
description to the complainant; but, if it shall reasonably appear that it was the purpose
or intention of each grantor to convey the land which was intended to be conveyed in said
deed, mortgage or other conveyance containing the erroneous description, the complainant shall
be entitled to a reformation of such deed, mortgage, or other conveyance. (Acts 1911, No.
227, p. 199; Code 1923, §6961; Code 1940, T. 47, §134.)...
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6-10-40
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When
the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value
and the husband or wife has aliened the same by deed, mortgage, or other conveyance without
the voluntary signature and assent of the spouse, shown and acknowledged as required by law,
the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or
she fails to act, their minor child or children may, by filing a complaint, have the land
sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code
1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656;
Acts 1980, No. 80-569, p. 879, §6.)...
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11-48-57
Section 11-48-57 Mailing of copies of deed and certificate to persons last assessed upon property
described in deed by probate judge; entry of certificate on record of deed, etc. At the time
of application for entry of such certificate of warning to redeem, the applicant shall deliver
to the probate judge three correct copies of said deed with a notation thereon of the deed
book and page where recorded and shall pay to said probate judge a fee of $1.00. Said copies
of deed need not include any certificate of acknowledgment. It shall thereupon be the duty
of said probate judge to promptly compare said copies with the record of such deed and, if
such copies be found to be correct copies of such record, it shall be the further duty of
such probate judge to ascertain from the ad valorem tax assessment records of his county the
name of the person or persons other than the grantee in said deed to whom the property described
in said deed was last finally assessed for ad valorem taxation,...
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35-4-150
Section 35-4-150 Civil action for reformation of conveyances containing erroneous description.
Any person claiming title to land directly or remotely from the grantee in a deed, mortgage,
or other conveyance containing an erroneous description, may maintain a civil action in a
circuit court for the reformation of such deed, mortgage, or other conveyance and shall be
entitled to relief in all cases in which the grantee in the deed, mortgage, or other conveyance
containing an erroneous description would be entitled to relief. (Acts 1911, No. 227, p. 199;
Code 1923, §6960; Code 1940, T. 47, §133.)...
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8-1-172
Section 8-1-172 Mortgage taken in good faith on real estate of insane person not void. (a)
When any person shall in good faith take a mortgage on real estate from an insane person without
notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem
the property so mortgaged at any time prior to a foreclosure by paying to the mortgagee the
amount actually received by the insane person at the time of executing the mortgage, or any
balance due thereon, with interest thereon to the date of redemption. (b) If the mortgage
shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure
sale, or those claiming under the vendee, at any time within 180 days from foreclosure for
residential property on which a homestead exemption was claimed in the tax year during which
the foreclosure occurred, or at any time within one year from foreclosure for all other property,
by paying to the vendee, or those claiming under the vendee, the...
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6-10-122
Section 6-10-122 How made - Homestead. As to the homestead, the waiver must be by a separate
instrument in writing, subscribed by the party making the same and attested by one witness.
If such party is a married man, such waiver shall not be valid without the voluntary signature
and assent of the wife and acknowledgment by her before an officer authorized to take acknowledgments
in the form of the individual acknowledgment prescribed by this Code. If such party is a married
woman, such waiver shall be executed only in the mode prescribed by Section 30-4-12 for the
alienation of her lands. (Code 1876, §§2847, 2848; Code 1886, §2569; Code 1896, §2106;
Code 1907, §4233; Code 1923, §7962; Code 1940, T. 7, §708; Acts 1951, No. 84, p. 301.)...
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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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30-4-31
Section 30-4-31 Conveyance of real estate by husband when wife insane - Conveyance to be accompanied
by judgment or certification of wife's insanity; conclusiveness of judgment or certificate.
All conveyances under Section 30-4-30 shall state that the grantor is a married man and that
his wife is insane, and shall have attached to it a copy of the judgment of the court declaring
the wife insane, or shall have attached to such deed a copy of the certificate of the superintendent
of any Alabama state hospital for the insane, that, in his opinion, the wife of such grantor
in such deed is permanently insane. And such judgment or certificate, when so attached, shall,
in the absence of fraud in procuring the same, be conclusive of the wife's insanity and of
the right of the husband to execute such conveyance. (Code 1907, §4496; Code 1923, §8271;
Code 1940, T. 34, §82.)...
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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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5-25-2
Section 5-25-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) BORROWER. A natural person who submits an application for a loan secured
by a first or subordinate mortgage or deed of trust on a single-family to four-family home
to be occupied by the borrower as the borrower's primary residence. (2) COMMITMENT. A written
statement by a lender that sets forth the terms and conditions upon which the lender is willing
to make a particular mortgage loan to a particular borrower. A good faith estimate provided
under the Federal Real Estate Settlement Procedures Act is not a commitment for the purposes
of Act 2009-624. (3) CONTROL. The direct or indirect possession of the power to direct or
cause the direction of the management and policies of a person, whether through the ownership
of voting securities, by contract, or otherwise, and shall include the terms controlling,
controlled by, and under common control with. (4) DEPARTMENT. The...
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