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Form Package
Mortgage
State
Alabama
Area
Clay County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Clay County Mortgage Form Page 1

Mortgage Form - Clay County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/12/2022

Clay County Mortgage Guidelines Page 1

Mortgage Guidelines - Clay County

Line by line guide explaining every blank on the form.
Included document last updated 10/6/2022

Clay County Completed Example of the Mortgage Document Page 1

Completed Example of the Mortgage Document - Clay County

Example of a properly completed form for reference.
Included document last updated 7/19/2022

Clay County Promissory Note Form Page 1

Promissory Note Form - Clay County

Note that is secured by the Mortgage. Can be used for traditional installments or balloon payment.
Included document last updated 8/11/2022

Clay County Promissory Note Guidelines Page 1

Promissory Note Guidelines - Clay County

Line by line guide explaining every blank on the form.
Included document last updated 7/19/2022

Clay County Completed Example of the Promissory Note Document Page 1

Completed Example of the Promissory Note Document - Clay County

Example of a properly completed form for reference.
Included document last updated 10/6/2022

Clay County Annual Accounting Statement Form Page 1

Annual Accounting Statement Form - Clay County

Mail to borrower for fiscal year reporting.
Included document last updated 9/8/2022

Included Supplemental Documents

The Following Alabama and Clay County supplemental forms are included as a courtesy with your order.


RT-1 Form (Alabama Document)


Certificate of Acknowledgment - Individual (Alabama Document)


Certificate of Acknowledgment - Representative (Alabama Document)


Homestead Information (Alabama Document)


State and County Homestead Chart (Alabama Document)


Non-Resident Form NR-AF1 (Alabama Document)


Non-Resident Form NR-AF2 (Alabama Document)


Non-Resident Form NR-AF3 (Alabama Document)


Non-Resident Form WNR (Alabama Document)


Non-Resident Form WNR-V (Alabama Document)


Principal Residence Exemptions from Property Tax (Alabama Document)


Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Alabama or Clay 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.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the Clay County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our Clay 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.
  • 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 Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
  • Are these forms guaranteed to be recordable in Clay County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Mortgage Forms:

  • Clay County

Including:

  • Ashland
  • Cragford
  • Delta
  • Hollins
  • Lineville
  • Millerville

What is the 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.

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.

For use in Alabama only.

Our Promise

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

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Get your Clay 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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