Marshall County Lis Pendens Form

Last validated June 26, 2026 by our Forms Development Team

Marshall County Lis Pendens Form

Marshall County Lis Pendens Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 6/26/2026
Marshall County Lis Pendens Guide

Marshall County Lis Pendens Guide

Line by line guide explaining every blank on the form.

Document Last Validated 5/20/2026
Marshall County Completed Example of the Lis Pendens Document

Marshall County Completed Example of the Lis Pendens Document

Example of a properly completed form for reference.

Document Last Validated 6/22/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Marshall County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Marshall County Probate Judge

Address:
425 Gunter Ave, Suite 110
Guntersville, Alabama 35976

Hours: 8:00am to 4:30pm M-F

Phone: (256) 571-7767 x208

Recording Tips for Marshall County:
  • Bring extra funds - fees can vary by document type and page count
  • Make copies of your documents before recording - keep originals safe
  • If mailing documents, use certified mail with return receipt

Cities and Jurisdictions in Marshall County

Properties in any of these areas use Marshall County forms:

  • Albertville
  • Arab
  • Boaz
  • Douglas
  • Grant
  • Guntersville
  • Horton
  • Union Grove

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Marshall County

How do I get my forms?

Forms are available for immediate download after payment. The Marshall County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Marshall County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Marshall County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Marshall County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Marshall County?

Recording fees in Marshall County vary. Contact the recorder's office at (256) 571-7767 x208 for current fees.

Questions answered? Let's get started!

An Alabama Lis Pendens is a recorded notice filed in the county probate records to alert the public that a lawsuit is pending which may affect title to a specific piece of real property. In Alabama, this filing is tied directly to the county probate system and the underlying court action, and once recorded, it becomes part of the property’s title history. Anyone who later acquires an interest in the property does so subject to the outcome of that litigation, making proper preparation and recording of the lis pendens critical.

What the Alabama Lis Pendens does

An Alabama Lis Pendens provides constructive notice that a legal action is pending involving real property. It does not create a lien or transfer ownership, but it warns buyers, lenders, and other parties that the property is subject to a dispute. Common situations include foreclosure actions, mechanic’s lien enforcement after judgment, and domestic cases where property rights are at issue. Once recorded, the notice binds subsequent purchasers to the result of the case.

Alabama statutory framework and notice effect

Alabama law recognizes lis pendens as a mechanism to provide notice of litigation affecting land. When properly recorded in the probate office of the county where the property is located, it serves as notice to all parties dealing with the property that the title is in dispute. Recording statutes governing real property instruments apply to lis pendens filings, including the requirement that they be recorded in the correct county to be effective against third parties (Ala. Code § 35-4-62).

Because Alabama follows a race-notice system, recording the lis pendens ensures that later purchasers or lenders cannot claim lack of notice of the pending action (Ala. Code § 35-4-90).

Execution requirements for an Alabama lis pendens

An Alabama Lis Pendens is typically prepared and signed by the party bringing the action or their authorized representative. While it is tied to a court case, it must still meet Alabama recording standards to be accepted by the probate office. 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 requirement for recording (Ala. Code § 35-4-23).

The document should include key case information, such as the court where the action is pending, the case number, the parties involved, and a description of the property affected.

Alabama-specific traps that cause recording or title problems

  • Incorrect county filing: The lis pendens must be recorded in the county where the property is located. Filing in the wrong county does not provide effective notice.
  • Incomplete case information: Missing the court name, case number, or party identification can delay acceptance or create confusion in title searches.
  • Legal description errors: The property description must be accurate and sufficient for indexing. If referencing a subdivision, proper plat information should be included (Ala. Code § 35-4-74).
  • Marital-status recital: Alabama may require a marital-status recital for recorded instruments affecting title (Ala. Code § 35-4-73).
  • Preparer identification: The document must include the name and address of the preparer (Ala. Code § 35-4-110).
  • Failure to follow up with release: Once the case is resolved, a separate release or withdrawal must be recorded to remove the lis pendens from the title record.
  • Multiple parties: When multiple plaintiffs or defendants are involved, all relevant parties should be listed to ensure the notice accurately reflects the litigation.

Recording process in Alabama

The Alabama Lis Pendens is recorded with the Judge of Probate in the county where the property is located. Recording places the notice into the public record, where it will appear in title searches and alert third parties to the pending litigation. This step is typically completed after the lawsuit has been filed and is directly tied to the underlying court case.

Recording fees apply, and probate offices determine applicable charges under Title 40, Chapter 22. Proper formatting, acknowledgment, and inclusion of required details help ensure the document is accepted without delay.

Vesting considerations in Alabama

A lis pendens does not change ownership of the property, but it affects the marketability of title while the litigation is pending. Alabama does not presume survivorship in co-ownership unless expressly stated (Ala. Code § 35-4-7), so any changes to ownership resulting from the case must be handled through separate instruments once the matter is resolved.

What is included in the download package

The Alabama Lis Pendens package includes the form, detailed instructions, and a completed example. It is designed for Alabama probate recording requirements, addressing acknowledgment or witness compliance, proper case identification, property description formatting, and recording practices to provide effective notice of pending litigation.

Important: Your property must be located in Marshall County to use these forms. Documents should be recorded at the office below.

This Lis Pendens meets all recording requirements specific to Marshall County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Marshall County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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