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The Probate Office is responsible for recording and maintaining real property records in Lee County.
Recording Fees
Index fee - $5.00
Per Page Charge- $3.00 (maximum of two (2) names for Grantor/Grantee, Mortgagor/Mortgagee, Plaintiff/Defendant)
Total for basic one-page document (lien, assignment, judgment, release, agreement, lis pendens, power of attorney) - $8.00
Additional Names - $1.00 per name
Additional book and page references - $3.00 each
Deed Tax
To basic document charges, add $.50 per $500 or $1.00 per $1000 on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500. A $1.00 "no-tax" fee is charged on deeds that are tax exempt.
Real Estate Sales Validation:
This page is recorded with the deed and is charged at the regular recording fee of $3.00 per page.
Mortgage Tax
To basic document charges, add $.15 per $100 or $1.50 per thousand charged in increments of $100. Mortgage amount is always rounded up to the nearest $100. A $1.00 "no-tax" fee is charged on mortgages that are tax exempt.
Simultaneous Recording of Deed and Mortgage (Purchase Money)
The mortgage tax and fee for recording the mortgage will be calculated as outlined above. The deed tax will be figured on the amount of the sales price exceeding the amount of the mortgage, if the mortgage is made to a taxable concern and the mortgage tax collected. If the sales price or value is less than the amount of the mortgage, a $1 "no-tax" fee is assessed on the deed. If the mortgage is made to a non-taxable concern then the deed tax will be charged on the total value of interest being conveyed and a $1 "no-tax" fee will be assessed on the mortgage. The phrase Purchase Money must specifically be stated on the mortgage.
Deed with Assumption of Mortgage
Deed tax is based on difference of sales price or market value and amount of mortgage being assumed; If sales price or market value is less than amount assumed, $1.00 "no-tax" fee for deed tax.
Mortgage tax due on current remaining balance unless mortgage is to a tax-exempt entity, in which case full deed tax is due and $1.00 "no-tax" is paid on mortgage.
County recording fees are subject to change without notice. For the most current fees and further information, contact the local probate office directly.
Document Formatting Requirements
* Instrument prepared by: Instrument must show the name and address of the preparer. This can be done in the following format: 'This instrument prepared by NAME and ADDRESS.'
* The marital status of grantors or mortgagors is required to be given on all real property documents.
* The complete name and address of the grantee is required to be given on documents.
* A complete legal description of the real property, including plat book or the section, township, and range should be given. Any instrument attempting to transfer any interest in land will not be recorded if the instrument describes the land by reference to a plat but does not have the plat attached to the instrument or if the instrument does not describe the plat book or office in which it is located.
* Documents containing multiple pages should not be stapled.
* Originals or certified copies can be submitted.
* All documents of conveyance need to be in writing, attested by two witnesses, and signed by the contracting party or his agent. If he is unable to sign his name, it may be written for him with the words 'his mark' written next to his name.
The Real Estate Sales Validation Form must be filed in accordance with Code of Alabama 1975, Section 40-22-1.