My Account Deeds.com Real Estate Deeds

Alabama Mortgage

The short definition of a mortgage is that it's a loan used to purchase real property. In Alabama, the mortgage is comprised of two parts: the security instrument and the promissory note. A security instrument is a specific type of document that provides security for the lender and contains terms (agreements) that apply until the buyer (borrower) repays the lender according to terms defined in an attached promissory note.

While the lender holds legal title to the property during this time, the borrower holds equitable title, which means they may occupy the property as if they hold legal title, but until the loan has been repaid, the lender actually owns it. This is because mortgages involve a lien against the property, held as security, that ends when the debt is repaid and the owner assumes legal title (after recording a release of mortgage).

The buyer must also complete a promissory note. A promissory note is a negotiable instrument that contains an unconditional written promise, signed by the borrower, to repay the lender or its designated agent. It defines the amount and specific terms of the loan between the borrower and the lender, and must be completed at the same time as the security instrument. Many lenders retain the promissory note for the duration of the mortgage and return it to the borrower after the debt is repaid.

The Code of Alabama sets forth the rules for mortgages in that state at Title 35 Section 10, but does not provide a statutory form for security instruments. A typical mortgage includes the names of all borrowers (and their spouses, if applicable), information about the lending institution, the date the borrower signed the promissory note, the property county and address, and a legal description of the property. The borrower must indicate if the security instrument includes any riders, or attachments that amend or supplement a document.

The mortgage must be signed by each borrower and acknowledged by an authorized individual. Alabama requires spouses' signatures for mortgages of single-family owner-occupied dwellings ("homestead mortgages"), even if they are not borrowers (Ala. Code Sec. 6-10-3). A homestead is defined in Alabama as a single-family owner-occupied dwelling.

Security instruments must meet standards of form and content for recording documents relating to real property. Record the completed mortgage at the local probate office.

Consult a lawyer with questions regarding mortgages or for any other issues related to transferring real property in Alabama.

Deeds.com Alabama Mortgage Forms Have Been Updated as Recently as Friday March 15, 2019

4.6 out of 5 (359 Reviews)

What others like you are saying:


Caville B. said: Received the documents, but the explanation and process is not as straightforward as I would have liked. The Instructions and Sample document were not always easy to follow. I may just have a real estate lawyer perform the task.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Sandra G. said: We were referred to the site by banking friend. It does take time to read through and figure out what a person needs, form-wise, to accomplish the goal. Once that was decided, check out and the download was very easy. What a great savings in cost and time.

Reply from Staff: Thank you Sandra, glad we could help. Also, please thank your friend for us. Have a wonderful day.


Brenda M. said: It was quick and easy to obtain the document I needed

Reply from Staff: Thanks so much for your feedback Brenda, we really appreciate it. Have a great day!


Joseph L. said: Very easy to fill out and and saved a lot of extra cost by doing it ourselves and getting it notarized.

Reply from Staff: Thank you Joseph, we really appreciate your feedback.


Carlin L. said: I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acceptable I hope it will be it was rather easy to do thank you so much.

Reply from Staff: Thank you for your feedback Carlin.


Debra D. said: Really good forms, easy to understand and use. The guide was a must have, made the process very simple.

Reply from Staff: Thank you!


Alabama Mortgage Form