Code of Alabama
Ala. Code § 35-4-51 (2026)
What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative.
✓ official Alabama Legislature (ALISON) text, current July 2026
Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property and all assignments of mortgages, deeds of trust, or other securities for debt or extension agreements with respect thereto, when executed in accordance with law, shall be admitted to record in the office of the probate judge of any county. Their filing for registration shall constitute notice of their contents.
This section shall not be construed as superseding or repealing any other laws effective in Alabama relative to the subject matter in this article, but shall be held and construed to be cumulative.
(Acts 1927, No. 442, p. 496; Code 1940, T. 47, §95; Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1983–2025 · leading case: Upton v. Mississippi Valley Title Ins. Co., 469 So. 2d 548 (Ala. 1985).
Upton v. Mississippi Valley Title Ins. Co., 469 So. 2d 548 (Ala. 1985). “Mississippi Valley has cited Code of 1975, §§ 35-4-51 and -63, which provide in pertinent part: "§ 35-4-51 "Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts or other documents purporting to convey…”
Ellis v. City of Montgomery, 460 F. Supp. 2d 1301 (M.D. Ala. 2006). “See 1975 Ala. Code § 35-4-51 . In other words, were the city to check property records in the probate office when it sends notice of a city council hearing and pending demolition, it would discover who owns the property at the time notice was being sent.”
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993). “) Section 35-4-51 provides in pertinent part: "Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or…”
Brown v. First Fed. Bank, 95 So. 3d 803 (Ala. Civ. App. 2012). “The defendants also assert that because the mortgages were recorded, Gean-ie is deemed to have had constructive notice of the existence of those mortgages at the time of recordation, thus commencing the running of the statute of limitations.”
Robetson v. MERSCORP, Inc., 141 So. 3d 984 (Ala. 2013). “” Section 35-4-51, Ala. Code 1975, provides: "Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or…”
Health Sci. Prods., Inc. v. Taylor (In Re Health Sci. Prods., Inc.), 183 B.R. 903 (Bankr. N.D. Ala. 1995). “Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property and all assignments of…”
Bank of Gadsden v. Dixie Heating & Cooling Co., 425 So. 2d 491 (Ala. Civ. App. 1983). “Section 35-4-51, Code 1975, provides that filing of a mortgage constitutes notice of its contents.”
Howard Ross v. West Wind Condo. Ass'n (Ala. Civ. App. 2025). “In addressing the argument before it, our 16 CL-2025-0064 supreme court considered Ala. Code 1975, §§ 35-4-51 and -63. Id. at 554.”
Strain v. Hinkle, 457 So. 2d 394 (Ala. 1984). “, Code 1975, § 35-4-51, might be diminished as to the equitable claim of Strain and Morris against the Burchfields’ grantees, the Hinkles.”
Leo v. Deutsche Bank Nat'l Trust Co. (Bankr. N.D. Ala. 2021). “CODE §§ 35-4-51, 4-62 and 4-63 (1975). 6 None of the attorneys representing parties in the APs were involved in the preparation of these documents.”
Deutsche Bank Nat'l Trust Co., as Tr. U v. Karr (Bankr. N.D. Ala. 2021). “CODE §§ 35-4-51, 4-62 and 4-63 (1975). 6 None of the attorneys representing parties in the APs were involved in the preparation of these documents.”
Sixty St. Francis Street v. Am. Sav. & Loan Ass'n, 554 So. 2d 1003 (Ala. 1989). “The complaint sought a judgment declaring the property free of any mortgage, note, or other encumbrance, as well as a release of the mortgage held by American Savings.”
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