RECORDS

The duties of the Recording Department include the recording, indexing, and preserving of public documents, such as deeds, mortgages, judgments, liens, certificate of formation or termination (ie. Corporations and LLC), etc. This department provides viewing stations and record books for the public to access the recorded information. Internet access is not currently available for any recorded documents.

Notaries

HOW DOES ONE BECOME A NOTARY PUBLIC?
One must apply for appointment with the probate judge in the county in which they live.

HOW LONG DOES A COMMISSION LAST AS A NOTARY PUBLIC FOR THE STATE AT LARGE?
The term of office is the same for a statewide notary as it is for a notary for a specific county, 4 years. 

IS A BOND REQUIRED FOR A STATEWIDE NOTARY?
Yes. The statewide notary must give bond approved by the probate judge of the county of residence in the sum of $25,000, payable to the state of Alabama and conditioned to faithfully perform the duties of notary public. The bond must be executed, approved, filed and recorded in the office of the judge of probate of the county of residence before the notary assumes any duties. 

MUST A SEAL BE OBTAINED FOR A STATEWIDE NOTARY?
Yes. In order to authenticate the official act of the statewide notary, each notary must provide a seal. The impression of this seal must provide the name, office and the state where the notary was appointed. 

HOW MUCH MUST BE PAID TO THE PROBATE JUDGE TO BECOME A NOTARY PUBLIC?
The fee collected by the Conecuh County Probate Judge is $41.00 

WHAT MAY A DULY APPOINTED NOTARY PUBLIC DO?

  • May administer oaths

  • Take acknowledgements of or proof of instruments of writing relating to commerce or navigation and certify the same and all other of their official acts under their seal of office

  • Demand acceptance and payment of bills of exchange, promissory notes and all other writings which are governed by the commercial law as to day of grace

  • Demand and notice of nonpayment and protest the same for non-acceptance or nonpayment

  • Give notice thereof as required by law
     

THIS INFORMATION, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM AND NOT TO ADVISE. FOR SPECIFIC INFORMATION REGARDING NOTARY PUBLIC SEE: Code of Alabama Section 36-20-70 thru 75.

UCC Statements

ALL UCC’S MUST HAVE ORIGINAL AND TWO COPIES. NON STANDARD FORM FEE IS $5.OO

UCC FINANCING STATEMENT:
MORTGAGE TAX ($0.15 PER $100.00) PLUS $22.00 WITH 2 NAME $1.00 ADDITIONAL EACH NAME AFTER 2.
YOU ARE ALLOWED 2 ATTACHMENTS, AFTER 2 THE CHARGE IS $2.00 PER PAGE.

CONTINUATIONS: $22.00 WITH 2 NAME $1.00 EACH FOR ADDITIONAL NAMES. MUST HAVE OLD NUMBER AND DATE OF ORIGINAL FILING. FILED EVERY 5 YEARS. CAN BE FILED UP TO 6 MONTHS PRIOR TO 5 YEAR EXPIRATION DATE. IF 5 YEARS HAS EXPIRED, MORTGAGE TAX IS COLLECTED ON THE REMAINING BALANCE.

TERMINATIONS: $2.00 FEE FOR STANDARD FORM.

AMENDMENTS: $12.00 WITH 2 NAME $1.00 EACH ADDITIONAL. $2.00 FOR EACH ADDITIONAL PAGE MUST HAVE OLD NUMBER AND ORIGINAL FILING DATE.IF AMOUNT FINANCED HAS INCREASED WE COLLECT MORTGAGE TAX ON THE INCREASED AMOUNT.

Corporations

Effective January 1, 2011, the Alabama Secretary of State changed the Corporation and LLC section to Business Entities Division. The following are the schedule of fees and must be brought or mailed to the Probate Office.

ONLY REQUIRED TO SEND THE ORIGINAL AND MUST HAVE A NAME RESERVATION FROM THE SECRETARY OF STATE OFFICE BEFORE FILING YOUR CERTIFICATE OF FORMATION

CORPORATE DIVISION TELEPHONE NUMBERS IN MONTGOMERY
RESERVE NAME: 1-334-242-5324
1-334-242-7200
1-334-242-5974

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Fees

All instruments filed for recording in this office will be charged $3.00 per page plus a $5.00 indexing fee. There is an additional charge of $1.00 for every signature over two. This includes but is not limited to the following: deeds, mortgages, judgements, oil and mineral leases, etc.

Blanket assignments, cancellations, or power of attorney to cancel mortgages will be an extra $5.00 per reference.

Instruments pertaining to a grantor/grantee must have addresses listed on the document of both, also, the name of the person or firm which prepared the instrument. There are NO exceptions. In order to expedite the recording of these instruments, the amount paid or the appraised value should either be noted on the document or an adjoining letter.

UCC-1s require a $20.00 recording fee and a $5.00 index fee. The charge for a non-standard form (any form that is not the Alabama approved form) is $5.00 extra and additional pages are $2.00 per page if more than two. In sending UCC-1s or UCC-3s to be recorded with the Judge of Probate remember we can now only accept things stuck to real estate as collateral. Examples: Fixtures, Goods that are to become fixtures, as extracted collateral (oil, gas, minerals) and timber to be cut. Everything else gets filed with the Secretary of State.

UCC-3s require a $20.00 recording fee and $5.00 index fee for continuations and amendments. Terminations require a $5.00 index fee. NO exceptions.

Mortgage tax is computed on the amount financed at $1.50 per $1000.00 and always round up. Do not include finance charges. Renewals, extensions, and modifications require mortgage tax to be paid on amount listed on instrument.

Deed tax is computed at $1.00 per $1000.00 or .50 per $500.00, always round up. There is a .50 minimum.

Mineral tax is computed at .05 per net acre on leases and .15 per net acre on leases more than 10 years and on deeds where mineral acres are reserved. There is a $1.00 minimum.

Contracts carry a deed tax on the amount paid down and mortgage tax on the amount financed. If a deed is recorded at the same time as the mortgage, no deed tax is due of the mortgage is for the full amount.

Specific instruction is necessary when recording instruments in Conecuh County. Do not hesitate to call if there are questions. A self-addressed envelope will expedite the return of document.

FOR MORE INFORMATION

 

Stephen Flemming
Judge of Probate

Cathy Garner
Chief Probate Clerk

Sonya Scott
Motor Vehicle Chief Clerk

Administration Office Hours

Monday – Friday 7:45am - 4:30pm

County Courthouse Hours

Monday – Friday 8:00am - 4:00pm


PHYSICAL ADDRESS:
111 Court Street
Evergreen, AL 36401

Probate Office: ROOM 104
Phone: (251) 578-1221

Motor Vehicle: ROOM 101
Phone: (251) 578-7023

MAILING ADDRESS:
PO BOX 149
Evergreen, AL 36401