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. Brokerage (§34-27-82)
Disclosure form first; written agreement before listing or an offer.
2. Earnest money (§34-27-36(a)(8))
Separate insured account in Alabama.
3. Homestead (§6-10-3)
Both spouses sign and acknowledge.
4. Preparer (§35-4-110)
Name and address of the person who prepared the deed.
5. Taxes (§§40-22-1, 40-22-2)
Deed 50¢ per $500; mortgage 15¢ per $100.
6. Liens (§35-11-215)
Six months, four months, 30 days.
7. Satisfaction (§35-10-92)
Within 30 days of payoff; $500 after a request and 21 days.
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)).
The Alabama guides
- Alabama agency disclosure
- Alabama homestead spouse signature
- Alabama power of attorney at closing
- Alabama remote notarization
- Alabama deed and mortgage tax
- Alabama mechanic's lien deadlines
- Alabama mortgage satisfaction
- Alabama tenant deposits at sale
- Alabama homestead exemption
- Alabama right of redemption
- Real estate closing laws by state
Add a deal in ClosingCode and track each Alabama step as a task with an owner and a due date.
Start free trialSources: 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.