AL House Bill 328 – Filing of Judgments
HB 328– 1st read in house of origin 4/18/23, 2nd read 5/3/23, 3rd read 5/24/23 and passed with amendments to 2nd house. 1st read in 2nd house 5/25/23. Being sponsored by Ben Robbins and supported by land surveyors to help ensure the probate records are more reliable. Under current law, the judgment of a court in an action for quiet title is required to be filed with the probate court of the county in which the land is located. This bill would require the judgment of any action concerning real property, including condemnation actions and other actions involving a land boundary or title, to also be filed in the probate court of the county in which the land is located. The burden to file is put on the prevailing counsel or party and the judge of probate is instructed to record in the same book and manner in which deeds are recorded and specifies defendants shall be indexed in the direct index and plaintiffs in the reverse index.
Realtor-backed SB 228 passed the Alabama Legislature on 5/9/23 and was headed to Governor Ivey’s desk for signature into law. SB 228 addresses two issues with the first being long-term right-to-list agreements. Some companies have been offering incentives to homeowners in return for a 40-year listing agreement that would then be recorded as a lien against the property. The bill limits the agreements to one year and provides penalties for violations. The second issue is the wholesaling of residential property. The legislation now requires disclosure to the seller and prospective buyers by a wholesaler and provides penalties for violations. Commercial and other property types are excluded.
