Code of Alabama
Ala. Code § 35-4-90 (2026)
Conveyances of Real Property Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) All conveyances of real property, deeds, mortgages, deeds of trust, or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers, mortgagees, or judgment creditors.
(b) Subsection (a) of this section includes absolute conveyances of real property defeasible by a defeasance or other instrument, in which case such defeasance or instrument must be recorded, according to its character, within the time limited in subsection (a) of this section or it is void as to purchasers for a valuable consideration, mortgagees, and judgment creditors of the original grantee without notice.
(Code 1852, §§1287-1289; Code 1867, §§1557-1559; Code 1876, §§2166-2168; Code 1886, §§1810-1812; Code 1896, §§1005-1007; Code 1907, §§3383, 3384; Code 1923, §§6887, 6888; Code 1940, T. 47, §§120, 121.)
Notes of Decisions
Cited in 40
cases (1 in the last 5 years), 1983–2024 · leading case: Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993).
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993). “With regard to the first issue, the plaintiffs contend that the condemnation judgment was void as to them under Ala.Code 1975, § 35-4-90, which provides in pertinent part as follows: "(a) All conveyances of real property, deeds, mortgages, deeds of trust or instruments in the…”
Brown v. First Fed. Bank, 95 So. 3d 803 (Ala. Civ. App. 2012). “Code 1975, which provides, in relevant part: “(a) All conveyances of real property, deeds, mortgages, deeds of trust or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees and judgment…”
Gilmore v. M B Realty Co., L.L.C., 895 So. 2d 200 (Ala. 2004). “1991), for that same proposition: "Under Ala.Code 1975, § 35-4-90, the proper recordation of an instrument constitutes `conclusive notice to all the world of everything that appears from the face' of the instrument.”
Bailey Mortg. Co. v. Gobble-Fite Lumber Co., 565 So. 2d 138 (Ala. 1990). “Ala.Code 1975, § 35-4-90. In a "title theory" state, a mortgage passes legal title to the mortgagee, and the mortgagor is left with the equity of redemption.”
Haas v. Internal Revenue Serv., 31 F.3d 1081 (11th Cir. 1994). “This follows from Ala. Code § 35-4-90 which provides in pertinent part: (a) All conveyances of real property, deeds, mortgages, deeds of trust or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration,…”
Maxwell v. Boyd, 66 So. 3d 257 (Ala. Civ. App. 2010). “1991) (citing Ala.Code 1975, § 35-4-90). Further, the Boyds’ constructive notice was bolstered by their actual notice of the existence of the covenant document provided to them by their contractor at the outset of construction after he had been provided a copy by Dana Maxwell…”
Health Sci. Prods., Inc. v. Taylor (In Re Health Sci. Prods., Inc.), 183 B.R. 903 (Bankr. N.D. Ala. 1995). “The following are the relevant Alabama statutes which provide for record notice: Ala.Code 1975, § 35-4-51 — What instruments admitted to record; filing as notice of contents; section cumulative.”
Starr v. Wilson, 11 So. 3d 846 (Ala. Civ. App. 2008). “” Ala. Code 1975, § 35-4-90(a). Because there is no issue in this case concerning any mortgagees or judgment creditors of Jones and no indication that any other person has purchased Lot 2-A from Jones after Starr, Starr’s recording of the deed to Lot 2-A gave the conveyance no…”
Foster v. Porter Bridge Loan Co., Inc., 27 So. 3d 481 (Ala. 2009). “Porter admits that its mortgage was recorded after the judgment lien.”
Special Assets, LLC v. Chase Home Fin., LLC, 991 So. 2d 668 (Ala. 2007). “, § 35-4-90(a), Ala.Code 1975, which provides: "All conveyances of real property, deeds, mortgages, deeds of trust or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees and judgment…”
Bekken v. Greystone Residential Ass'n, 227 So. 3d 1201 (Ala. Civ. App. 2017). “As specified in the 2007 deed, the conveyance of the property to Bekken was subject to “all matters of public record, including, but not limited to easements, restrictions of record, and other matters which may be viewed by observation.”
Est. of Elbert B. Whitt, Loyd Whitt v. Comm'r of Internal Revenue, 751 F.2d 1548 (11th Cir. 1985). “Ala.Code § 35-4-90 (1975). Thus, until these deeds were recorded, it remained within Elbert Whitt’s power to defeat them by executing deeds to the same properties to bona fide purchasers for value without notice.”
— Ala. Code § 35-4-90(a) — 14 cases
Starr v. Wilson, 11 So. 3d 846 (Ala. Civ. App. 2008). “” Ala. Code 1975, § 35-4-90(a). Because there is no issue in this case concerning any mortgagees or judgment creditors of Jones and no indication that any other person has purchased Lot 2-A from Jones after Starr, Starr’s recording of the deed to Lot 2-A gave the conveyance no…”
Special Assets, LLC v. Chase Home Fin., LLC, 991 So. 2d 668 (Ala. 2007). “, § 35-4-90(a), Ala.Code 1975, which provides: "All conveyances of real property, deeds, mortgages, deeds of trust or instruments in the nature of mortgages to secure any debts are inoperative and void as to purchasers for a valuable consideration, mortgagees and judgment…”
Robetson v. MERSCORP, Inc., 141 So. 3d 984 (Ala. 2013).
Foster v. Porter Bridge Loan Co., Inc., 27 So. 3d 481 (Ala. 2009). “Porter admits that its mortgage was recorded after the judgment lien.”
Willson v. MLA, Inc. (In Re Ascot Mortg., Inc.), 153 B.R. 1002 (Bankr. N.D. Ga. 1993).
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