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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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35-10-30
Section 35-10-30 Penalty. (a) If, for 30 days after such request, the mortgagee or assignee
or transferee, trustee or cestui que trust, fails to make any entry required by this article
he forfeits to the party making the request $200.00 unless there is pending, or there is instituted,
an action within that time, in which the fact of partial payment or satisfaction is or may
be contested. In construing this article, the right of action given herein shall be considered
as a personal right, and shall not be lost or waived by a sale of the property covered by
the mortgage or deed of trust before a demand was made for the satisfaction to be entered
upon the record. (b) All actions for the recovery of the penalties mentioned in this article
shall be brought in the county where such mortgage or other instrument is recorded. (c) This
section does not apply to satisfactions of residential mortgages which are governed by the
Alabama Residential Mortgage Satisfaction Act. (Code 1852, §§1343,...
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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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35-10-22
Section 35-10-22 Partial payments - When entered on margin of record. A mortgagee or the assignee
or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui
que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage
or deed of trust is of record, must, upon request in writing to enter the date and amount
of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of
the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the
mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin
of the record of the mortgage or deed of trust the date and amount of such partial payment
or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee
or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if
the mortgage or deed of trust is of record, must, upon request in...
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35-10-20
Section 35-10-20 When indebtedness presumed to have been paid. As to third parties without
actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage,
or reservation of vendor's lien, either in deed of conveyance or note, bond or contract of
purchase covering real estate 20 years past due according to the original maturity date, or
some new date fixed by a duly recorded extension agreement, shall be conclusively presumed
to have been paid unless the record of such mortgage or lien shows a credit by the mortgagee,
or lienee, or owner of the debt, or his assignee of one or more payments upon such indebtedness
within the 20 years last passed. And if the final maturity date of the debt is not shown by
the mortgage or lien, or a recorded extension agreement, or cannot be determined by calculation
from the recitals contained therein, then the time shall run from the date of the mortgage
or lien. The notation of credits mentioned in the next preceding...
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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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35-10-24
Section 35-10-24 Partial payments - Entry by execution and delivery of separate instrument.
(a) Any person required by the provisions of this article, and more particularly Sections
35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the
record may fully discharge his obligation to make such entry by executing a separate instrument
which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly
states the information required otherwise to be entered on the record or margin thereof, and
by delivering such instrument or depositing the same in the United States mail properly stamped
and addressed, to the person who requests such entry, but the person requested to make such
entry shall not be required to file such separate instrument for record; provided, that such
separate instrument so to be furnished shall be so prepared and acknowledged that the same
shall be admitted to record in the office of the judge of probate...
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11-81-2
Section 11-81-2 Execution of mortgages or deeds of trust upon property acquired, etc., with
proceeds of bond issues; recordation of same. Any municipal corporation in this state shall
have power and authority to execute a mortgage or deed of trust upon the property acquired
or to be acquired with the proceeds of a bond issue authorized in this chapter, and such mortgage
or deed of trust shall be admitted to record in the office of the probate judge of any county
in this state without the payment of any tax upon the debts secured thereby or any other fee
or charge, except the costs of recording the instrument at the rate fixed by law. (Acts 1909,
No. 195, p. 188; Code 1923, §2268; Code 1940, T. 37, §252.)...
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37-6-23
Section 37-6-23 Liens. Any mortgage, deed of trust or other instrument executed by a cooperative
or foreign corporation transacting business in this state pursuant to this chapter, which,
by its terms, creates a lien upon real and personal property then owned or after acquired
and which is recorded as a mortgage of real property in any county in which such property
is located or is to be located, shall have the same force and effect as if the mortgage, deed
of trust or other instrument were also recorded or filed in the proper office in such county
as a mortgage of personal property. Recordation of any such mortgage, deed of trust or other
instrument shall cause the lien thereof to attach to all after acquired property of the mortgagor
of the nature therein described as being mortgaged or pledged thereby, immediately upon the
acquisition of such property by the mortgagor, and such lien shall be superior to all claims
of creditors of the mortgagor and purchasers of such property and to...
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11-54B-9
Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties,
and fees. (a) A self-help business improvement district ordinance shall provide that the special
assessment levied on the owners of the real property located within the geographical area
of the district shall be collected by the district management corporation. The collection
procedures utilized by the district management corporation shall include the mailing of a
notice of the special assessment to the person shown as owner of the property on the records
of the tax assessor in the following manner: (1) After October 1 of each year, the district
management corporation may levy the special assessment for services to be provided during
the following calendar year. (2) The assessment shall be due on December 1 and delinquent
on January 1 following the October levy. (3) Upon delinquency, interest and penalties may
be assessed in the amounts provided in subsection (d). (b) Notwithstanding...
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