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Recording Requirements for Real Property Documents

- Deeds and other instruments of conveyance are recorded in the Office of the Judge of Probate.

- All instruments of conveyance must be in writing, attested by two witnesses, and signed by the contracting party or his agent. If notary stamp/seal is present, two witnesses are not required.

- The document must include the name and address of the person who prepared the document. This can be given in the following format: 'This instrument prepared by NAME and ADDRESS.'

- The marital status of the grantor must be given on the deed.

- Any instrument attempting to transfer any interest in land will not be recorded if the instrument describes the land by reference to a plat but does not have the plat attached to the instrument or if the instrument does not describe the plat book or office in which it is located. There must also be a legal description of the land by metes and bounds. A derivation clause is required in the legal description. The state, county, and municipality should be in the first paragraph of the deed.

- Names should be printed beneath all signatures.

- For documents being returned through the mail, a complete return name and address needs to be provided.

CHECKLIST/REQUIREMENTS for Real Property Recordings
1. Instrument prepared by: Instrument must show the name and address of the preparer.
2. Marital status of Grantors or Mortgagors.
3. Mailing address of Grantees or Mortgagee.
4. Complete legal description including Plat Book or the Section, Township, Range.
5. Signed and notarized.

A self addressed, stamped envelope is required with all mailed envelopes. Please provide a return envelope large enough to hold the documents. Documents are returned the day after being recorded.
Documents that have been stapled are difficult to process on our imaging system. Please do not staple. Documents should be legible originals or certified copies.
Please call the Probate Office at 334-677-4723 if you have any questions or problems computing your fees, or any unusual documents to record. Our goal is to record all documents without unnecessary delays.

- The deed transfer tax is $ .50 per $500. Checks should be made payable to the Probate Judge.

- Mortgage tax is $ .15 per $100.

FORMATTING REQUIREMENTS

- Documents should be submitted on 8.5x11 inch paper, and should not exceed 8.5x14 inch paper.

- All documents must be typed or laser printed, with a minimum font size of 10 point.

- On the first page of the document in the top right corner, there should be a blank space of 3x3 inches. This space is reserved for the recorder's stamp. All other margins on the first page and on subsequent pages should be at least 3 inch.
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