Cherokee County Mortgage Form (Alabama)

All Cherokee County specific forms and documents listed below are included in your immediate download package:

Mortgage Form

Cherokee County Mortgage Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Cherokee County compliant document last validated/updated 5/16/2024

Mortgage Guidelines

Cherokee County Mortgage Guidelines

Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 3/26/2024

Completed Example of the Mortgage Document

Cherokee County Completed Example of the Mortgage Document

Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 4/3/2024

Promissory Note Form

Cherokee County Promissory Note Form

Note that is secured by the Mortgage. Can be used for traditional installments or balloon payment.
Included Cherokee County compliant document last validated/updated 3/11/2024

Promissory Note Guidelines

Cherokee County Promissory Note Guidelines

Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 4/23/2024

Completed Example of the Promissory Note Document

Cherokee County Completed Example of the Promissory Note Document

Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 6/14/2024

Annual Accounting Statement Form

Cherokee County Annual Accounting Statement Form

Mail to borrower for fiscal year reporting.
Included Cherokee County compliant document last validated/updated 6/3/2024

When using these Mortgage forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:

County Judge of Probate: Records Dept.

260 Cedar Bluff Rd, Centre, Alabama 35960

Hours: 8:00 to 4:00 Monday through Friday

Phone: (256) 927-3363

Local jurisdictions located in Cherokee County include:

  • Cedar Bluff
  • Centre
  • Gaylesville
  • Leesburg
  • Spring Garden

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.

Can the Mortgage forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Cherokee County Mortgage forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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.

Secured Promissory Notes in Alabama

At the same time the buyer fills out the mortgage form, they 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.

Promissory notes can be secured or unsecured. Unsecured notes set forth the terms and conditions associated with repayment, but there is no mention of collateral to protect the lender's interest. These are more common with personal property. Mortgages, which are real property transactions, use secured promissory notes. The borrower offers the property as security (collateral) to guarantee the loan and agrees that a failure to repay the loan could cause the lender to foreclose on it.

The borrower must complete a promissory note, but it is rarely recorded with the mortgage. Many lenders retain the note for the duration of the mortgage and return it to the borrower after the debt is repaid. If the situation demands a recorded promissory note, ensure that it meets all state and local standards for submitting documents.

Use these forms to finance residential property, condominiums, planned unit developments, vacant land, small commercial and rental property up to 4 units (more than 4 units add our "Assignment of Rents and Leases" form). This mortgage contains a power of sale clause, allowing for a non-judicial foreclosure, saving time and expense for the lender. A Promissory Note secured by a Mortgage that include stringent default terms can be beneficial to the lender.

Section 35-10-1 - Power of Sale Constitutes Part of Security; by Whom Executed; Effect of Conveyance; Index of Foreclosure Deeds. Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney.

(Alabama Mortgage Package includes forms, guidelines, and completed examples) For use in Alabama only.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Cherokee County Mortgage form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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July 1st, 2024

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June 30th, 2024

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July 16th, 2022

The county clerk accepted your mineral deed. It was a blessing finding your deed and instructions for filling it out online. Thank you

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January 20th, 2019

The form is so limited in space that I can not fit the vesting information as well as the real property information. The property information, I could put it as Exhibit A. which is not the usual way. Not happy.

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June 4th, 2023

easy to use once i found out i could fill it out right on the deeds website instead of downloading it to word duh.

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