HB328 Alabama 2023 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

Regular Session 2023

Title

Relating to civil procedure; to amend Sections 6-6-544 and 6-6-570, Code of Alabama 1975, to provide further for the recording of certain judgments concerning real property.

Summary

HB328 would require every judgment involving real property in Alabama to be recorded in the county probate court where the land is located, not just quiet-title judgments.

What This Bill Does

If passed, the bill expands the type of judgments that must be recorded to all real property cases (including condemnation and boundary/title actions). After a judgment becomes final, the prevailing party must file a certified copy for record in the probate court of the county where the land lies, and the cost of recording is charged as part of the case costs. The probate judge must record the judgment in the same way deeds are recorded and index the parties in both direct and indirect indexes. The recording rules also apply to judgments under Chapter 6 of Title 35, and the law becomes effective on the first day of the third month after it passes.

Who It Affects

• Property owners and other parties involved in real property judgments, because their judgments must be publicly recorded and indexed in the county probate court.
• The probate court and its staff (judge of probate) who perform the recording, indexing, and handling of the associated costs.

Key Provisions

• After final judgment in any real property case, a certified copy of the judgment must be filed for record in the county probate court where the land lies within 30 days; recording costs are charged as part of the case costs.
• The judge of probate must record the judgment in the same books and manner as deeds and index the parties in a direct index (defendants/recipients) and an indirect index (plaintiffs or those quieted in possession).
• The prevailing counsel or party may file the certified copy for record with the judge of probate, who will accept it and record it as directed.
• The same recording requirements apply to judgments concerning real property under Chapter 6 of Title 35.
• The act becomes effective on the first day of the third month after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil procedure; filing of judgments concerning real property, further provided