35-4-137
Section 35-4-137 Release of land from lien upon execution of bond. When any lis pendens in
an action or proceeding to enforce a lien has been filed and recorded in the office of the
judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming
the land described in the lis pendens may at any time, before a judgment is entered enforcing
the lien, nullify the notice given by such lis pendens by executing a bond with sufficient
surety in double the amount of the fair market value of the land described in the lis pendens
and as to which the lis pendens is to be nullified, the amount of the bond and the surety
or sureties thereon to be approved by the judge of probate. The bond shall be payable to the
judge of probate and conditioned to pay any sum of money found to be a lien against such land,
up to the fair market value of the said land, said payment to be made by 12:00 noon of the
day and at the place appointed for the sale thereof. When said bond has...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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6-9-211
Section 6-9-211 Judgment constitutes lien on property of defendant. Every judgment, a certificate
of which has been filed as provided in Section 6-9-210, shall be a lien in the county where
filed on all property of the defendant which is subject to levy and sale under execution,
and such lien shall continue for 10 years after the date of such judgment; provided, that
when an action or other proceeding to enforce or foreclose said lien is instituted or begun
within said 10 years, but has not been completed, decided, or determined within said 10-year
period, and at the time said action or proceeding is instituted or begun, or lien claimed
therein, a lis pendens notice thereof is filed in the office of the judge of probate of the
county in which said property is situated, the lien provided for in this section shall continue
as to the property upon which said lien is claimed in said action or proceeding and may be
enforced or foreclosed in that action as if said 10-year period had not...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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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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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or 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, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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35-4-52
Section 35-4-52 Petitions, decrees, or orders of bankruptcy. (a) A certified copy of the petition,
with or without the schedules thereto, of the decree of adjudication or of the order approving
the trustee's bond in bankruptcy proceedings under the provisions of the acts of the Congress
of the United States may be filed in the office of the judge of probate of every county in
this state where the bankrupt owns or has an interest in real property situated in said county,
and such filing shall constitute notice of such proceeding as may be provided by law. (b)
The judge of probate shall immediately file and record such certified copy in the lis pendens
record kept in his office, note on it and in the record the hour and date of the filing and
place and date of recording and index the same directly in the name of the bankrupt. (Acts
1953, No. 183, p. 236, §§1, 2.)...
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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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45-49-85
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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