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Alabama · Ala. CodeAlabama real estate closing laws: a checklist for transaction coordinators

Alabama's rules for a home sale, in the order a transaction meets them: the licensee gives the commission's brokerage services disclosure before any brokerage service and needs a written brokerage agreement before listing or submitting an offer, and each offer shows the representation clause (Ala. Code §34-27-82); earnest money goes into a separate insured account in Alabama (§34-27-36(a)(8)); a deed or mortgage of a married seller's homestead needs the other spouse's signature and acknowledged assent (§6-10-3); a recorded deed shows the name and address of the person who prepared it (§35-4-110); the deed tax is 50¢ per $500 and the mortgage tax 15¢ per $100, paid before recording (§§40-22-1, 40-22-2); lien statements are filed within six months by original contractors, four months by others and 30 days by day laborers (§35-11-215); the lender submits the mortgage satisfaction within 30 days of payoff (§35-10-92); a selling landlord stays liable for tenant deposits (§35-9A-205); and the buyer reports the purchase to the county tax assessor (§40-7-1).

From listing to recording

  1. 1. Brokerage (§34-27-82)

    Disclosure form first; written agreement before listing or an offer.

  2. 2. Earnest money (§34-27-36(a)(8))

    Separate insured account in Alabama.

  3. 3. Homestead (§6-10-3)

    Both spouses sign and acknowledge.

  4. 4. Preparer (§35-4-110)

    Name and address of the person who prepared the deed.

  5. 5. Taxes (§§40-22-1, 40-22-2)

    Deed 50¢ per $500; mortgage 15¢ per $100.

  6. 6. Liens (§35-11-215)

    Six months, four months, 30 days.

  7. 7. Satisfaction (§35-10-92)

    Within 30 days of payoff; $500 after a request and 21 days.

  8. 8. After closing (§40-7-1)

    Buyer reports the purchase to the tax assessor.

Questions about Alabama closings

Does an Alabama spouse have to sign the deed?

For the married seller's homestead, yes – the conveyance isn't valid without the spouse's signature and acknowledged assent (Ala. Code §6-10-3).

When does an Alabama lender satisfy a paid-off mortgage?

For a home with one to four units, it submits the satisfaction for recording within 30 days after full payment (Ala. Code §35-10-92(a)).

Add a deal in ClosingCode and track each Alabama step as a task with an owner and a due date.

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Sources: Ala. Code §§6-10-3, 34-27-36, 34-27-82, 35-4-110, 35-9A-205, 35-10-92, 35-11-215, 40-7-1, 40-22-1, 40-22-2 (alison.legislature.state.al.us, read for the linked guides).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.