Montgomery County Lis Pendens Release Form

An Alabama Lis Pendens Release is used to remove a previously recorded notice of pending litigation affecting real property from the county probate records. In Alabama, a lis pendens places the public on notice that a lawsuit may impact title to a specific property. Once the case is resolved, dismissed, or otherwise terminated, the recorded notice remains in the title record until a proper release is executed and recorded. If the release is not filed, the property can remain clouded, delaying or preventing future transactions.

What the Alabama Lis Pendens Release does

An Alabama Lis Pendens Release formally withdraws the notice that a legal action is pending against a property. The original lis pendens alerts buyers, lenders, and other third parties that the property is subject to litigation. When the underlying case ends—whether by settlement, dismissal, or court order—the release clears that notice from the public record so the property can be conveyed or financed without the prior claim appearing active.

Alabama statutory framework and timing requirements

Alabama law provides for the recording of a lis pendens in connection with actions affecting real property and requires that the termination of the action be reflected in the public record. Under Ala. Code § 35-4-136, when the action is resolved, a record of termination should be filed to show that the lis pendens is no longer in effect. In practice, this is accomplished by recording a Lis Pendens Release or Withdrawal in the probate office.

Although timing may depend on the specifics of the case or court order, releases are typically recorded promptly after the action is resolved to avoid unnecessary title complications.

Execution requirements for an Alabama lis pendens release

The Alabama Lis Pendens Release must be signed by the party who filed the original lis pendens or by an authorized representative, often in accordance with the resolution of the underlying legal action. To be recordable, the document must comply with Alabama execution requirements. Instruments affecting land must be attested by at least one witness if the signer writes his or her name, unless the document is acknowledged before a notary public (Ala. Code § 35-4-20). A proper acknowledgment satisfies the statutory requirement for recording (Ala. Code § 35-4-23).

The release should clearly reference the original lis pendens by recording information and identify the related legal action to ensure proper indexing.

Alabama-specific traps that cause recording or title problems

• Failure to record the release: Even after a case is resolved, the lis pendens remains in the public record until a release or termination is recorded, continuing to cloud title.
• Missing reference to the original filing: The release must include accurate recording information for the original lis pendens. Without it, the probate office may not properly connect the documents.
• Marital-status recital: Alabama requires the marital status of the conveying party to be stated before recording (Ala. Code § 35-4-73).
• Preparer identification: The document must include the name and address of the preparer (Ala. Code § 35-4-110).
• County-specific recording: The release must be recorded in the same county where the lis pendens was filed. Recording elsewhere does not clear the notice.
• Name inconsistencies: Differences between the names in the original lis pendens and the release can cause indexing issues and leave uncertainty in the title record.
• Incomplete identification of the case: Failing to identify the related legal action may delay acceptance or create confusion during title searches.

Recording process in Alabama

The Alabama Lis Pendens Release is recorded with the Judge of Probate in the county where the property is located and where the original lis pendens was filed. Recording promptly after the case is resolved ensures that the public record reflects the current status of the property and removes the cloud created by the pending litigation notice.

Recording fees apply, and Alabama probate offices determine applicable charges under Title 40, Chapter 22. Proper formatting, acknowledgment, and required recitals should be completed before submission to avoid delays.

Vesting considerations in Alabama

A lis pendens does not transfer ownership but affects the marketability of title while litigation is pending. Once released, the property is no longer subject to the recorded notice of litigation. Alabama does not presume survivorship in co-ownership unless expressly stated (Ala. Code § 35-4-7), so any ownership changes resulting from the litigation itself must be addressed through separate recorded instruments.

What is included in the download package

The Alabama Lis Pendens Release package includes the release form, detailed instructions, and a completed example. It is designed for Alabama probate recording requirements, addressing acknowledgment or witness compliance, preparer identification, proper reference to the original lis pendens, and recording practices to clear title effectively.