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The duties of the Recording Division of the Probate office, as set forth by state statutes (laws), include the recording, indexing and preserving of permanent public documents, primarily real estate records. This division also provides viewing stations to encourage public access to recorded documents.
Recording Fees
There is a per-page fee of $3 that applies to recording transactions. Data processing is $5 per instrument. The archive fee is $5 per instrument.
An indexing fee of $1 will apply to each name after the first two.
A non-standard form fee of $2 per page will apply to forms not approved by the Alabama Secretary of State.
If extra exhibits are attached to a document, a $2 fee will apply to each exhibit.
A $1 fee applies to each cross reference in a document.
Deed Tax(Round up to the next $500 or $1000)
$1.00 per $1000 up to $500 is $0.50
Mortgage tax: $0.15 per $100.00
SIMULTANEOUS RECORDING OF DEED AND MORTGAGE:
The mortgage tax and fee for recording the mortgage will be calculated as mentioned above. The deed tax will be figured on the amount of the sales price exceeding the amount of the mortgage, if the mortgage is made to a taxable concern and the mortgage tax collected.
Example:
Sales Price..........$125,000.00
Mortgage.............$50,000.00
Equity...............$75,000.00
Calculate deed tax on $75,000.00
Calculate mortgage tax on $50,000.00
Deeds and Mortgages must show the buyer's and seller's address on the deed and mortgage.
Both must show the following: This document prepared by: name, title, address.
County recording fees are subject to change without notice. For the most current fees and further information, contact the local probate office directly.
Document Formatting Requirements
* In Baldwin County, the buyer's and seller's (grantor and grantee) addresses must appear on deeds and mortgages.
* Documents should be submitted on 8.5 x 11 inch paper. The maximum size paper accepted is 8.5 x 14 inches.
* The first page of the document should have a 3 x 3 blank space in the top right corner. This is reserved for recording information. Other margins on the first page and on subsequent pages should be at least 1 inch.
* Blue or black ink should be used, with a minimum font size of 10 point.
* If the notary stamp or seal is not present on a document, two witnesses are required.
* Names should be printed beneath all signatures.
* Deeds and mortgages must both show the following statement on the front: 'This document prepared by: name, title, and address.'
* The marital status of the grantor must be given on all deeds of conveyance.
* A legal description of the property should be included in a deed. A derivation clause should be included on the legal description. The state, county, and municipality should be in the first page of a deed.
* Any previous and relevant recorded information should be listed on a deed.
* Any instrument attempting to transfer any interest in land will not be recorded if the instrument describes the land by reference to a plat but does not have the plat attached to the instrument or if the instrument does not describe the plat book or office in which it is located. There must also be a legal description of the land by metes and bounds.
The Real Estate Sales Validation Form must be filed in accordance with Code of Alabama 1975, Section 40-22-1.