11-47-216
Section 11-47-216 Certificate of incorporation of authorities - Form; execution and acknowledgment;
filing with probate judge; recordation by probate judge; amendment. (a) Within 40 days following
the adoption of the most recent authorizing resolution, the applicants shall proceed to incorporate
an authority by filing for record in the office of the judge of probate of the county in which
the principal office of the authority is to be located a certificate of incorporation which
shall comply in form and substance with the requirements of this article and which shall be
in the form and executed in the manner provided in this article and shall also be in the form
theretofore approved by the governing body of each authorizing subdivision. (b) The certificate
of incorporation of the authority shall be signed and acknowledged by the incorporators before
an officer authorized by the laws of the state to take acknowledgment to deeds. When the certificate
of incorporation is filed for...
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11-88-88
Section 11-88-88 Redemption of property after sale - Applicant to deliver copies of improvement
assessment sale deed to probate judge; examination, etc., of deeds, etc., by probate judge;
mailing of copies of deed and warning to redeem to persons last assessed for ad valorem taxation
on property; entry in record of deeds of certificate of warning by probate judge; termination
of redemption rights. 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 the said
deed with a notation thereon of the deed book and page where recorded and shall pay to the
said probate judge a fee of $1.00. The said copies of the deed need not include any certificate
of acknowledgment. It shall thereupon be the duty of the said probate judge to promptly compare
the 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...
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12-22-60
Section 12-22-60 Liability of clerk, register or probate judge for delayed or defective record.
If, by reason of negligence or delay of the clerk, register or probate judge, the record on
appeal is not delivered to the clerk of the appellate court in time to be filed or if the
record on appeal is so defective that the appellate court cannot proceed thereon, the clerk,
register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further
liable to him, in an action on the case, for all damages sustained by his neglect or delay.
(Code 1852, §3028; Code 1867, §3496; Code 1876, §3937; Code 1886, §3636; Code 1896, §453;
Code 1907, §2850; Code 1923, §6109; Code 1940, T. 7, §772.)...
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11-88-87
Section 11-88-87 Redemption of property after sale - Application for entry in record of deeds
of certificate of warning to redeem; form of certificate. At any time after an improvement
assessment sale deed has been recorded in the office of the probate judge and after expiration
of the fixed two-year period of redemption allowed by Section 11-88-85, any person may apply
to such probate judge for entry in the record of deeds of a certificate of warning to redeem
in substantially the following form: "I hereby certify that on or prior to the date of
this certificate I mailed a compared copy of the deed recorded in Deed Book _____ at Page
_____, together with notice that the same is there recorded, and a warning to redeem, to each
of the one or more persons other than the grantee in said deed, to whom the property therein
described was last finally assessed for ad valorem taxation, at the address of each such person
as shown by said ad valorem tax assessment records. This _____ day of...
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35-4-63
Section 35-4-63 Recording effective as notice of contents of conveyance. The recording in the
proper office of any conveyance of property or other instrument which may be legally admitted
to record operates as a notice of the contents of such conveyance or instrument without any
acknowledgment or probate thereof as required by law. (Code 1852, §1274; Code 1867, §1543;
Code 1876, §2153; Code 1886, §1797; Code 1896, §991; Code 1907, §3373; Code 1923, §6860;
Code 1940, T. 47, §102.)...
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35-4-30
Section 35-4-30 Form of probate of conveyance. The form of a probate of a conveyance or other
instrument is as follows: The State of ___} ___ County} I, (name and style of the officer),
hereby certify that ______, a subscribing witness to the foregoing conveyance, known to me,
appeared before me on this day, and being sworn, stated that ___, the grantor, voluntarily
executed the same in his presence, and in the presence of the other subscribing witness, on
the day the same bears date; that he attested the same in the presence of the grantor, and
of the other witness, and that such other witness subscribed his name as a witness in his
presence. Given under my hand, this ______ day of _____, A. D._____. A. B. Judge, etc. (or
as the case may be). (Code 1852, §1280; Code 1867, §1549; Code 1876, §2159; Code 1886,
§1803; Code 1896, §997; Code 1907, §3362; Code 1923, §6846; Code 1940, T. 47, §31.)...

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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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45-1-81.36
Section 45-1-81.36 Recording and filing fee - Certain instruments. Effective September 1, 2003,
a special recording and filing fee of five dollars ($5) shall be paid to and collected by
the Judge of Probate of Autauga 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
September 1, 2003, 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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12-13-53
Section 12-13-53 Failure to collect recording or registration tax, etc., upon mortgages, deeds
of trust, etc. Any probate judge who shall file for record or shall record any mortgage, deed
of trust or other instrument in the nature of a mortgage without collecting the recording
or registration tax provided for the recording or registration of such instruments or who
shall fail to certify the fact that said tax has been paid before the filing and recording
of such instrument shall be guilty of a misdemeanor and, upon conviction, shall be fined not
less than $10.00 nor more than $100.00. (Code 1907, §7458; Code 1923, §5050; Code 1940,
T. 13, §282.)...
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35-4-72
Section 35-4-72 Improperly acknowledged or recorded instruments as evidence. When a validly
executed instrument, not properly acknowledged and recorded, has for 10 years been of record
in the office of the judge of probate, the original or a duly certified transcript thereof
shall have the same force and effect as evidence as such original or transcript would have
had had such instrument been duly acknowledged and recorded. (Code 1907, §3382; Code 1923,
§6876; Code 1940, T. 47, §119.)...
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