reglab/housing_qa huggingface dataset:
AL Code § 35-10-22 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-22 - Partial Payments - When Entered on Margin of Record.

Section 35-10-22Partial payments - When entered on margin of record. A mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage or deed of trust is of record, must, upon request in writing to enter the date and amount of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin of the record of the mortgage or deed of trust the date and amount of such partial payment or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if the mortgage or deed of trust is of record, must, upon request in writing, of any judgment creditor or other creditor of the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the mortgagor, or upon the written request of the debtor or mortgagor, enter on the margin of record of the mortgage or deed of trust a statement of the total unpaid amount secured by said mortgage or deed of trust. (Code 1886, §1868; Code 1896, §1065; Code 1907, §4897; Acts 1915, No. 386, p. 353; Code 1923, §9020; Code 1940, T. 47, §175.)
AL Code § 35-10-23 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-23 - Partial Payments - Notices or Demands to Enter Partial Payments or Satisfaction.

Section 35-10-23Partial payments - Notices or demands to enter partial payments or satisfaction. All notices or demands to enter partial payments or satisfaction of balance of debt secured as is provided in section 35-10-21 shall be in writing and signed by the party or parties who are entitled to have the entries of record made, or by their personal representative, or by their agents duly authorized in writing to give such notices or make such demand; and the notice or demand shall be served in person upon the owner or holder of such lien or upon his agent who is authorized to receive payment of such debt, or any part secured by the lien, or by mailing by registered or certified mail with request for return receipt, a copy of such written demand or notice to such owner or holder of the lien or to any agent of his who would be authorized to receive such payments of the debts or demands so secured by the recorded lien. This letter must be addressed to the usual known address of such owner or holder of such lien or his agent as above specified with sufficient postage prepaid; but such notice or demand given by public mail as above provided shall be only prima facie evidence that the notice or demand so mailed was received by the addressee. (Code 1923, §9022; Acts 1932, Ex. Sess., No. 60, p. 82; Code 1940, T. 47, §177.)
AL Code § 35-10-24 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-24 - Partial Payments - Entry by Execution and Delivery of Separate Instrument.

Section 35-10-24Partial payments - Entry by execution and delivery of separate instrument. (a) Any person required by the provisions of this article, and more particularly Sections 35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the record may fully discharge his obligation to make such entry by executing a separate instrument which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly states the information required otherwise to be entered on the record or margin thereof, and by delivering such instrument or depositing the same in the United States mail properly stamped and addressed, to the person who requests such entry, but the person requested to make such entry shall not be required to file such separate instrument for record; provided, that such separate instrument so to be furnished shall be so prepared and acknowledged that the same shall be admitted to record in the office of the judge of probate where such mortgage, deed of trust, or other encumbrance is recorded. (b) The execution and delivery, as provided in this section, of the separate instrument setting forth the date and amount of credit or partial payment shall be conclusively deemed to be a full compliance with any requirement of the provisions of said sections 35-10-21 through 35-10-24 for entry of partial payments on any record in any probate office of this state. (Acts 1969, No. 221, p. 542.)
AL Code § 35-10-25 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-25 - Executors and Administrators Authorized to Execute Releases, Etc.

Section 35-10-25Executors and administrators authorized to execute releases, etc. Any executor of a will or administrator of an estate duly appointed by the proper court shall have authority to execute releases and discharges and may enter satisfaction on the margin of the record of any mortgage, lien, or other encumbrance in favor of a decedent when payment of such mortgage, lien, or encumbrance was made to said decedent in his lifetime. (Code 1923, §9025; Code 1940, T. 47, §180.)
AL Code § 35-10-26 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-26 - Title Revested Upon Payment of Debt.

Section 35-10-26Title revested upon payment of debt. The payment or satisfaction of the real property mortgage debt divests the title passing by the mortgage. "Payment or satisfaction of the real property mortgage debt" shall not occur until there is no outstanding indebtedness or other obligation secured by the mortgage, and no commitment or agreement by the mortgagee to make advances, incur obligations or otherwise give value (collectively referred to as "extend value"), under any agreement, including, without limitation, agreements providing for future advances, open end, revolving or other lines of credit, or letters of credit. Except as otherwise specifically provided to the contrary in the Alabama Residential Mortgage Satisfaction Act, upon the written request to satisfy a mortgage signed by the mortgagors and by all other persons who have a right to require the mortgagee to extend value or signed by other authorized representatives on behalf of the mortgagors and such other persons, which notice shall actually be served upon the mortgagee, and provided there is no outstanding obligation secured by the mortgage at that time, the mortgagee shall file a properly executed and notarized satisfaction of the mortgage or otherwise cause the mortgage to be satisfied in accordance with other applicable provisions of law. From and after such written request for mortgage satisfaction, neither the mortgagors nor any other person who signed such request, or on whose behalf such request was signed, shall have the right to request or demand that the mortgagee extend value under the mortgage or other agreements and the mortgagee shall be released from all obligations and commitments to extend value thereunder. (Code 1886, §1870; Code 1896, §1067; Code 1907, §4899; Code 1923, §9026; Code 1940, T. 47, §181; Acts 1988, No. 88-89, p. 115; Act 2012-278, p. 554, §10.)
AL Code § 35-10-27 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-27 - Entry of Full Payment or Satisfaction in Record - Generally.

Section 35-10-27Entry of full payment or satisfaction in record - Generally. If a mortgage or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in a deed of trust, enter the fact of payment or satisfaction on the margin of the record of the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact authorized by an instrument executed and acknowledged as is required of conveyances and filed for record, which entry need not be attested. Such entry operates as a release of the mortgage or deed of trust, and is a bar to all actions thereon. (Code 1852, §§1343, 1344; Code 1867, §§1613, 1614; Code 1876, §§2222, 2223; Code 1886, §1869; Code 1896, §1066; Code 1907, §4898; Code 1923, §9023; Code 1940, T. 47, §178.)
AL Code § 35-10-28 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-28 - Entry of Full Payment or Satisfaction in Record - Satisfaction by One of Several Joint Mortgagees, Etc.

Section 35-10-28Entry of full payment or satisfaction in record - Satisfaction by one of several joint mortgagees, etc. The satisfaction in full by any one of several joint mortgagees, or his successors or assigns, on the margin of the record, and properly attested by the probate judge, or his chief clerk, or the filing of a release by such party properly notarized, acknowledging full satisfaction of any mortgage in the names of two or more persons jointly as mortgagees standing on the probate records of any county in this state, shall be sufficient to extinguish the lien of such mortgage. The provisions of this section shall also relate to and be effective as to vendor's liens reserved in deeds or other instruments of record in any probate office in this state. (Acts 1966, Ex. Sess., No. 406, p. 552, §§1, 2.)
AL Code § 35-10-29 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-29 - Entry of Full Payment or Satisfaction in Record - Vendor's or Other Lien Reserved in Conveyance.

Section 35-10-29Entry of full payment or satisfaction in record - Vendor's or other lien reserved in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record, of real or personal property to secure the payment of the purchase money recited in such conveyance, upon the payment in full of such purchase money, the grantor, or his executor, administrator or other person in whom the ownership of such lien is vested at the time of the payment of such purchase money, must, on the request in writing of the grantee, his executor, administrator or assigns, or of a judgment or other creditor of the grantee, enter the fact of payment on the margin of the record of such conveyance in the manner as required by this article. Such entry operates a release of such lien and is a bar to all actions thereon. If for 30 days after such request, the grantor, or his executor, administrator or other person in whom the ownership of such lien is vested at the time of such payment, fails to make such entry, he forfeits to the party making the request $200.00; unless there is pending, or there is instituted an action within that time, in which the fact of payment or satisfaction is or may be contested. (Code 1896, §1068; Code 1907, §4900; Code 1923, §9027; Code 1940, T. 47, §182.)
AL Code § 35-10-30 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 2 - Satisfaction of Mortgage Liens.|Section 35-10-30 - Penalty.

Section 35-10-30Penalty. (a) If, for 30 days after such request, the mortgagee or assignee or transferee, trustee or cestui que trust, fails to make any entry required by this article he forfeits to the party making the request $200.00 unless there is pending, or there is instituted, an action within that time, in which the fact of partial payment or satisfaction is or may be contested. In construing this article, the right of action given herein shall be considered as a personal right, and shall not be lost or waived by a sale of the property covered by the mortgage or deed of trust before a demand was made for the satisfaction to be entered upon the record. (b) All actions for the recovery of the penalties mentioned in this article shall be brought in the county where such mortgage or other instrument is recorded. (c) This section does not apply to satisfactions of residential mortgages which are governed by the Alabama Residential Mortgage Satisfaction Act. (Code 1852, §§1343, 1344; Code 1867, §§1613, 1614; Code 1876, §§2222, 2223; Code 1886, §1869; Code 1896, §1066; Code 1907, §4898; Code 1923, §§9024, 9028; Code 1940, T. 47, §§179, 183; Act 2012-278, p. 554, §10.)
AL Code § 35-10-50 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 3 - Deeds in Lieu of Foreclosure.|Section 35-10-50 - Definitions.

Section 35-10-50Definitions. Unless the context otherwise requires, the words defined in this section shall have the following meanings in this article. (1) DEED IN LIEU OF FORECLOSURE. Any instrument, however denominated, whereby a mortgagor transfers to a mortgagee the mortgagor's rights in mortgaged property. (2) MORTGAGE. A mortgage, deed of trust, or similar security instrument on real property, or instrument creating a vendor's lien on real property, securing the payment of money. (3) MORTGAGOR. An owner of an interest in mortgaged property. (4) MORTGAGEE. The owner of the debt secured by a mortgage. (5) MORTGAGED PROPERTY. Any real property or interest therein that is subject to a mortgage. (6) EQUITY OF REDEMPTION. The interest the mortgagor has in the mortgaged property. (Acts 1987, No. 87-660, p. 1168, §1.)
AL Code § 35-10-51 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 3 - Deeds in Lieu of Foreclosure.|Section 35-10-51 - Effect of Deed in Lieu of Foreclosure.

Section 35-10-51Effect of deed in lieu of foreclosure. A deed in lieu of foreclosure: (1) Transfers to the mortgagee all right, title, and interest of the mortgagor in the mortgaged property, including, but not limited to, all rights of redemption, statutory or equitable, unless expressly otherwise provided therein; (2) Does not effect a foreclosure of the mortgage covering the mortgaged property; (3) Does not give rise to a statutory right of redemption in the mortgagor or in any other person; (4) Does not result in a merger of the mortgagee's rights with the mortgagor's equity of redemption for any purpose; and (5) Does not affect the rights or interests of any person or entity other than the mortgagor in the mortgaged property. (Acts 1987, No. 87-660, p. 1168, §2.)
AL Code § 35-10-70 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 4 - Foreclosure on Surviving Spouse or Estate of Mortgagor Dying Overseas While on Military Service Active Duty.|Section 35-10-70 - Definitions.

Section 35-10-70Definitions. As used in this chapter, the following terms have the following meanings: (1) ACTIVE DUTY. Full-time duty in the active military service of the United States. Active duty includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a military service school by law or by the secretary of the military department concerned. Active duty does not include full-time national guard duty. (2) MILITARY SERVICE. Any of the following: a. Active duty. b. If the service member is a member of the Alabama National Guard, service under a call to active service authorized by the President or the Secretary of Defense of the United States for a period of more than 30 consecutive days under §32 USC 502(f) to respond to a national emergency declared by the President of the United States and supported by federal money. c. A period during which the service member is absent from active duty because of sickness, wounds, leave, or other lawful cause. (3) SERVICE MEMBER. An individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Alabama National Guard. (Act 2009-626, p. 1905, §1.)
AL Code § 35-10-71 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 4 - Foreclosure on Surviving Spouse or Estate of Mortgagor Dying Overseas While on Military Service Active Duty.|Section 35-10-71 - Initiation of Foreclosure Proceedings Against Surviving Spouse or Estate of Certain Mortgagors.

Section 35-10-71Initiation of foreclosure proceedings against surviving spouse or estate of certain mortgagors. (a) A mortgagee shall not initiate a foreclosure proceeding pursuant to this chapter against the surviving spouse or the estate of a mortgagor who is a service member who dies while deployed overseas on active duty military service for at least 180 days following the death of the service member; provided that the surviving spouse or the estate gives the mortgagee written notice identifying the service member, stating that the service member died while being deployed overseas, describing the mortgage or the property subject to the mortgage and the debt, providing a telephone number or other means to communicate with the surviving spouse or the estate, and asking that foreclosure be delayed for six months. No particular phrasing of the notice shall be required. (b) A mortgagee shall not, individually or acting through another person, foreclose, sell, or attempt to foreclose or sell real estate with the knowledge that the foreclosure or sale is invalid under this section. A person who violates this subsection is subject to a civil fine of two thousand dollars ($2,000); provided that the surviving spouse or the estate gives the mortgagee written notice identifying the service member, stating that the service member died while being deployed overseas, describing the mortgage or the property subject to the mortgage and the debt, providing a telephone number or other means to communicate with the surviving spouse or the estate, and asking that foreclosure be delayed for six months. No particular phrasing of the notice shall be required. (c) The Attorney General may file an action in the circuit court to collect a civil fine under this section. A civil fine collected under this section shall be deposited into the Military Family Relief Fund created in the State Treasury and used by the Department of Veterans' Affairs, at its discretion, to assist military families in need. (d) This section does not apply to a mortgage entered into before August 1, 2009. (Act 2009-626, p. 1905, §2.)
AL Code § 35-10-92 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 5 - Alabama Residential Mortgage Satisfaction Act.|Section 35-10-92 - Submission of a Satisfaction of a Security Instrument for Recording.

Section 35-10-92Submission of a satisfaction of a security instrument for recording.  (a) A secured creditor shall submit for recording a satisfaction of a security instrument within 30 days after the creditor receives full payment and performance of the secured obligation, and the secured creditor has no obligation to make advances, incur obligations, or otherwise give value under any agreement. Equity line security instruments are fully paid and performed only if, in addition to full payment and performance, the equity line previously has been closed pursuant to the request of the entitled person or the entitled person’s authorized agent or otherwise closed as provided by law and all secured obligations have been paid in full. (b) Notwithstanding anything to the contrary in this article, any notification demanding satisfaction of the security instrument must be sent to the secured creditor’s address by a method that also provides proof of receipt by the secured creditor. (c) A secured creditor that is required to submit a satisfaction of a security instrument for recording and does not do so by the end of the period specified in subsection (a) is liable to the mortgagors for five hundred dollars ($500) if following the expiration of the time period in subsection (a) the mortgagors make a written request to the secured creditor to record a satisfaction and the secured creditor fails to do so within 21 days after receipt of the written request. The written request must be signed by the mortgagors and by all other persons who have a right to require the mortgage to extend value or signed by an authorized agent of these persons. (d) A secured creditor that is required to submit a satisfaction of a security instrument for recording and does not do so by the end of the period specified in subsection (c) is not liable to the mortgagors other than for the penalty set forth in subsection (c) and any actual economic damages directly caused by the failure to comply with this section. (e) A secured creditor is not liable under this article if it does the following: (1) Establishes a reasonable procedure to achieve compliance with its obligations under this article. (2) Complies with that procedure in good faith as defined in Section 7-9A-102(43). (3) Fails to comply with its obligations either because of circumstances beyond its reasonable control or as a result of a bona fide error, notwithstanding maintenance of reasonable procedures of compliance. (f) Subsections (a), (b), (c), and (d) do not apply if the secured creditor receives full payment or performance of the secured obligation before March 1, 2013. (Act 2012-278, p. 554, §3.)
AL Code § 35-10-93 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 10 - Mortgages.|Article 5 - Alabama Residential Mortgage Satisfaction Act.|Section 35-10-93 - Service as a Satisfaction Agent.

Section 35-10-93Service as a satisfaction agent.  (a) Only a title insurance company or an attorney licensed in this state acting as the agent of and for a title insurance company pursuant to a certificate of authority and within the scope of his or her agency agreement with a title insurance company may serve as a satisfaction agent pursuant to this article. (b) This article does not require a title insurance company to agree to serve as a satisfaction agent or any attorney or other agent to act on behalf of a title insurance company. (Act 2012-278, p. 554, §4.)