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HB457 Alabama 2021 Session

Updated Feb 22, 2026

Summary

Session
Regular Session 2021
Title
Residential Mortgage Satisfaction Act, recordation of satisfaction of non-resident mortgages, Sec. 35-10-27 repealed; Secs. 35-10-26, 35-10-30, 35-10-90, 35-10-91, 35-10-92, 35-10-94, 35-10-96 am'd.
Summary

HB457 expands Alabama's Mortgage Satisfaction Act to require recording of satisfaction for commercial agricultural mortgages and renames the act accordingly.

What This Bill Does

It extends the recording requirement from just residential mortgages to include commercial agricultural property mortgages and renames the act to the Alabama Residential and Agricultural Mortgage Satisfaction Act. It updates definitions and related code sections to reflect the broader scope, and repeals an older provision. It preserves payoff statement rules and penalties for non-recording, and adds a mechanism for mortgagors to appoint a satisfaction agent to file an affidavit of satisfaction if the creditor does not record on time.

Who It Affects
  • Secured creditors (banks, lenders, and mortgage servicers) who must submit satisfaction for recording for commercial agricultural mortgages and who face penalties if they fail to record within the specified timelines.
  • Mortgagors and their authorized agents (owners of residential property and commercial agricultural property) who gain a process to obtain or ensure a recorded satisfaction, including the option to appoint a satisfaction agent to act on their behalf.
Key Provisions
  • Amends Sections 35-10-90, 35-10-91, 35-10-92, 35-10-94, 35-10-96, 35-10-26, and 35-10-30 to include commercial agricultural mortgages and renames the act to the Alabama Residential and Agricultural Mortgage Satisfaction Act.
  • Defines new terms including COMMERCIAL AGRICULTURAL PROPERTY, EQUITY LINE SECURITY INSTRUMENT, and SECURED CREDITOR; broadens the scope beyond solely residential real property.
  • Section 35-10-92 requires secured creditors to submit a satisfaction for recording within 30 days after full payment and performance, with specific carve-outs for equity lines and pre-existing conditions; penalties apply per Section 35-10-30 if they fail.
  • Section 35-10-91 establishes payoff statement requirements and timelines (14 days to issue, required content, and conditions for updates).
  • Section 35-10-94 allows mortgagors to appoint a satisfaction agent to notify and submit an affidavit of satisfaction if the creditor does not record in time.
  • Section 35-10-96 details the contents and formalities of an affidavit of satisfaction.
  • Section 35-10-26 clarifies when payment or satisfaction occurs and limits extend-value obligations after written satisfaction requests.
  • Section 35-10-30 imposes a $200 penalty for failure to record within the designated time, with exceptions and remedies outlined.
  • Repeals Section 35-10-27, the prior provision related to entry of full payment or satisfaction in records.
  • Effectiveness is the first day of the third month after the Governor signs the bill.
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Mortgages

Bill Actions

S

Further Consideration

S

Whatley motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Third Reading Carried Over to Call of the Chair

S

Read for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development

H

Motion to Read a Third Time and Pass adopted Roll Call 530

H

Third Reading Passed

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Financial Services

Bill Text

Votes

HBIR: Pringle motion to Adopt Roll Call 529

March 30, 2021 House Passed
Yes 96
Absent 7

Motion to Read a Third Time and Pass Roll Call 530

March 30, 2021 House Passed
Yes 97
Absent 6

Documents

Source: Alabama Legislature