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Alabama · Ala. Code §§35-10-20–35-10-22Alabama old mortgages: presumed paid 20 years past due

As to third parties without actual notice or knowledge to the contrary, the debt secured by a recorded Alabama mortgage, or by a vendor's lien reserved in a deed, note, bond or purchase contract, is conclusively presumed paid once it is 20 years past due under the original maturity date or a later date set by a recorded extension agreement – unless the record of the mortgage or lien shows a credit for one or more payments within the last 20 years (Ala. Code §35-10-20). If the final maturity date isn't shown and can't be calculated from the recorded documents, the 20 years run from the date of the mortgage or lien (§35-10-20). A credit can be noted on the record by the owner of the debt or someone holding a recorded power of attorney; the notation shows the payment date and the entry date and is witnessed by the probate judge or a clerk (§35-10-20). The rule doesn't change the rights among the mortgagees and their heirs, and it doesn't apply to corporate or governmental bond mortgages without fixed maturity dates (§35-10-20). On written request, a mortgagee who has received partial payment must note the date and amount on the margin of the record, and must note the total unpaid amount on the written request of the mortgagor, a purchaser from the mortgagor or a creditor with a lien on the property (§35-10-22).

The rules

  1. 1. 20 years past due (§35-10-20)

    Conclusively presumed paid as to third parties without notice.

  2. 2. Unless credited (§35-10-20)

    A payment noted on the record within the last 20 years keeps it alive.

  3. 3. No maturity date (§35-10-20)

    The 20 years run from the date of the mortgage or lien.

  4. 4. Margin notes (§§35-10-21, 35-10-22)

    On written request, partial payments and the unpaid balance are noted on the record.

What the TC can do

  • When the title commitment lists an old unreleased mortgage, ask the title company whether it treats it as presumed paid.
  • If it doesn't, ask the seller for a payoff or release from the lender, or the lender's successor.
  • Keep the title company's written decision on the old lien with the deal's title documents.

Questions about old Alabama mortgages

When is an old Alabama mortgage presumed paid?

As to third parties without notice, when it is 20 years past due under its original or recorded extended maturity date and the record shows no payment credited within the last 20 years (Ala. Code §35-10-20).

What if the Alabama mortgage shows no maturity date?

If the final maturity date isn't shown and can't be calculated from the recorded documents, the 20 years run from the date of the mortgage or lien (Ala. Code §35-10-20).

Track the old lien and the title company's decision as a title task in ClosingCode.

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Source: Code of Alabama §§35-10-20, 35-10-21 and 35-10-22 (alison.legislature.state.al.us, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.