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Section 45-51-84.40 – Purpose.

Section 45-51-84.40 Purpose. The purpose of this subpart is to facilitate the use of public records in property transactions in Montgomery County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the […]

Section 45-51-84.41 – Definitions.

Section 45-51-84.41 Definitions. The following words and phrases, when used in this subpart, shall have the following meanings: (1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property. (2) IMPROVED RECORDING SYSTEM. A system of recording real property instruments and personal property instruments in the […]

Section 45-51-84.42 – Installation and Maintenance.

Section 45-51-84.42 Installation and maintenance. The judge of probate may provide for the installation or enhancement, or both, and thereafter for the maintenance of an improved recording, archiving, and retrieval system in the Probate Office of Montgomery County. The initial installation of the improved recording, archival, and retrieval system shall include the following: (1) The […]

Section 45-51-84.43 – Official Record of Instruments.

Section 45-51-84.43 Official record of instruments. Following the installation or enhancement of any system, real property instruments, personal property instruments, and other documents and records to be recorded, archived, and retrieved with computer-generated files or to be stored and filed on either optical disk or on paper, as determined by the judge of probate, shall […]

Section 45-51-84.44 – Relation to Other Laws.

Section 45-51-84.44 Relation to other laws. All laws of Alabama relating to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, Section 12-13-43, and all statutes respecting the […]

Section 45-51-84.45 – Payment of Costs.

Section 45-51-84.45 Payment of costs. The costs of installation or enhancement of any system shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the costs of purchasing, operating, or maintaining, after […]

Section 45-51-84.46 – Special Recording Fee.

Section 45-51-84.46 Special recording fee. Effective immediately after June 1, 2012, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the Judge of Probate of Montgomery County, with respect to each real property instrument, each personal property instrument, and each Uniform Commercial Code document that may be […]

Section 45-51-84.47 – Control and Audit of Fees; Availability of Records.

Section 45-51-84.47 Control and audit of fees; availability of records. The fees collected pursuant to this subpart shall be controlled by the sole discretion of the judge of probate and shall be audited by the Department of Examiners of Public Accounts. Records of the expenditures shall be open to the public on a continuous basis. […]