(a) When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in, or to recover any land, or where an application has been made to the probate judge of any county for an order of condemnation of land, or any interest therein, the person, corporation, or governmental body commencing such action or proceeding or making such application shall file with the judge of probate of each county where the land or any part thereof is situated a notice containing the names of all of the parties to the action or proceeding, or the persons named as those having an interest in the land in the application for an order of condemnation, a description of the real estate and a brief statement of the nature of the lien, writ, application, or action sought to be enforced. The judge of probate shall immediately file and record the notice in the lis pendens record and note on it and in the record the hour and date of the filing and the place and date of recording.
(b) A copy of the notice required by Section 6-6-564, regarding in rem proceedings involving claims to title of land, certified by the register or clerk as being correct, shall also be recorded as a lis pendens in the office of probate judge of the county where the lands lie.
(Acts 1915, No. 77, p. 122; Acts 1923, No. 526, p. 699; Code 1923, §§6878, 9916; Code 1940, T. 7, §1120; Code 1940, T. 47, §66; Acts 1971, 3rd Ex. Sess., No. 181, p. 4441, §1.)
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1982–2025 · leading case:
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993).
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993).
· cites it 3× “" Although certain affidavits are specifically required to be recorded in the deed records of the probate court, see § 35-4-71, we can find no statutory requirement, other than as set out in § 35-4-131 and § 35-4-136, that a probate court record documents evidencing a…”
State Dep't of Revenue v. Wyatt Oil Co., 886 So. 2d 817 (Ala. Civ. App. 2003).
· cites it 7× “This language had remained virtually unchanged since the enactment of Act No. 77, Ala. Gen. Acts 1915. In 1971, the Legislature amended the statute, omitting the language “any suit affecting” and instead referring to § 66 and § 67, Title 47, Ala.”
Stephens v. Huie, 37 So. 3d 776 (Ala. Civ. App. 2009).
· cites it 5× “The procedure prescribed in § 35-4-131 (a) is “in derogation of the common law.”
Ellis v. City of Montgomery, 460 F. Supp. 2d 1301 (M.D. Ala. 2006).
· cites it 2× “Under Alabama law, upon commencement of any civil action involving an interest in real property, the party instituting the action must file notice of it in the probate office.”
Taylor v. Baldwin Nat'l Bank, 473 So. 2d 489 (Ala. 1985).
· cites it 2× ““CONCLUSIONS OF LAW “1. While it is doubtful that default on the promissory note and the suit thereon gave the Bank the authority to file a notice of action under Title 35, § 35-4-131 [lis pendens statute], the filing of same under the undisputed facts of this case is not…”
Chamblee v. Duncan, 188 So. 3d 682 (Ala. Civ. App. 2015).
“It is clear from the language of § 35-4-131(a), Ala.Code 1975, that lis pendens notices can be filed regarding real property that is the subject of litigation: “When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in,…”
Ex Parte Wallace Wallace Chem. Oil, 417 So. 2d 940 (Ala. 1982).
“We note, however, that Code 1975, § 35-4-131 provides: When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in, or to recover any land, or where an application has been made to the probate judge of any county for an…”
Thompson v. Yuan (In re Yuan), 178 B.R. 273 (Bankr. N.D. Ala. 1995).
· cites it 3× “Constructive Notice Section 35-4-131 of the Code of Alabama 1975 requires a notice of lis pen-dens to be filed with the judge of probate in the county where the real property lies.”
Equity Trust Co. v. Breland, 229 So. 3d 1091 (Ala. 2017).
· cites it 2× “On April 21, 2014, Hudgens filed in the Mobile Probate Court a notice of lis pendens as to the Grand Bay property as required by § 35-4-131(a), Ala. Code 1975. 4 On April 28, 2014, Adams sent Hudgens a letter that stated, in pertinent part: “As you will note, the [Plan]…”
Daugherty v. Campbell, 155 So. 3d 244 (Ala. Civ. App. 2014).
· cites it 2× “6 See Ala.Code 1975, § 35-4-131(a) (recognizing that a lis pendens may be recorded against specific real property when an action is brought to enforce “any lien upon, right to or interest in, or to recover any land”).”
— Ala. Code § 35-4-131(a) — 8 cases
State Dep't of Revenue v. Wyatt Oil Co., 886 So. 2d 817 (Ala. Civ. App. 2003).
“This language had remained virtually unchanged since the enactment of Act No. 77, Ala. Gen. Acts 1915. In 1971, the Legislature amended the statute, omitting the language “any suit affecting” and instead referring to § 66 and § 67, Title 47, Ala.”
Stephens v. Huie, 37 So. 3d 776 (Ala. Civ. App. 2009).
“The procedure prescribed in § 35-4-131 (a) is “in derogation of the common law.”
Chamblee v. Duncan, 188 So. 3d 682 (Ala. Civ. App. 2015).
“It is clear from the language of § 35-4-131(a), Ala.Code 1975, that lis pendens notices can be filed regarding real property that is the subject of litigation: “When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in,…”
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