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Alabama rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) me(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the inst_____________________________, personally appeared _________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nawn to be true as of our own personal knowledge. Signature Printed Name Date Signature Printed Name Date State of Alabama County of __________________ } ss. On ____________ before me, ____________ homestead. 3. This property is our principal dwelling, and we reside in this property on the date that the homestead declaration is recorded. 4. The facts stated in this homestead declaration are knounty of ___________________________, State of Alabama, and more particularly described as follows (give complete legal description): 2. We claim this property and the dwelling thereon as our family'shat we are the owners of the following property located at the address of ________________ ______________________________________________________________, in the City of ______________________, and Co____________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION We, _____________________________________ and hereby certify and declare the following: , do 1. T Homestead ­Married (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Name _____________________________________________ Address _________elephone numbers in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking for a returned copy of the recorded Declaration. Declaration ofo include a check for the recording fee. To get the specific amount of the recording fee you can contact your County Recorder or the office of your county's probate judge. You can find addresses and tmail back it back to you (in the self-addressed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a copy of the Declaration Fees. You will need tr Declaration to the probate judge's office, you will need to begin with a cover letter explaining what you have included and what you need done. You will want the clerk to record the Declaration and e of your county's Declaration of Homestead ­Married (Instructions) 1 probate judge. You can find its address and telephone number in you local telephone directory. Mail ­If you choose to mail you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder or the offic in the original and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk there that you want to record a Declaration of Homestead. The clerk will help you In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to the office of your county's probate judge. You will need to bringast two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either record the Declaration in person or by mail. you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, etc.). Step 4: Copies. You should make at lein front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgement. Take the form to a Notary Public, property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to have this form notarized, so wait to sign it until you are u would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don't panic, this description can be taken off the deed to thethe form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the upper right hand corner, insert the address yo A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained in the form carefully. Step 2: Completing g negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTIONS ALABAMA DECLARATION OF HOMESTEAD--MARRIED rement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (includinindLegalForms, Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procuot give any express or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no event will F Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do n. The court may reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms,rmation in the appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly as possibles This packet contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on the computer by entering the requested infohe owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Married; (iii) You must reside in the dwelling at the time of the recording; and (iv) A resident of the state of Alabama. Materialnto the dwelling, or (iii) tax liens. For more information you should read sections 6-10-2, 6-10-3, 6-10-4, 6-10-20 and 6-10-26 of the Alabama Code. Requirements To use this packet you must be: (i) T the homestead must be executed by both spouses. Also note: the exemption does not protect you from: (i) loans or debts secured by the dwelling, (ii) liens by contractors who put labor and materials ilaration prior to the occurrence of a dispute to ensure that the process is completed thoroughly and accurately. For married couples, Alabama also requires that any conveyance of property transferringlaration after a lien is attached to your home or a levy is made against it, post-lien filing involves tight deadlines and the potential for costly error. It is advisable that you file a homestead decsize of the homestead. It is required in the state of Alabama that you declare your homestead exemption in order to be protected against the claims of creditors. While you may be able to file this dec0 acres in size. Further, married couples are offered the option of taking the full exemption for each spouse, in effect doubling the limits to create a $10,000 exemption, and a 320 acre limit to the ty ($5000) is completely covered by the homestead exemption. Note that in addition to the limit of $5000 in value, Alabama also limits the total size of a homestead. Exempt homesteads cannot exceed 1600 from the proceeds (your equity, less your $5000 exemption). Alternatively, if your home is worth $100,000 and you hold a $95,000 mortgage, a creditor would not be able to force a sale, as your equieds this $5000 limit. For example, if your home is worth $100,000 and you hold a $55,000 mortgage (giving you $45,000 in equity), a creditor might be able to force a sale of the home, and recoup $40,0000 in equity in your home will be absolutely protected you're your creditors. However, creditors may be able to force a sale of your home to recoup any amount of equity you own in your home that exce. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In Alabama, homestead exemptions are limited to $5000 in value. In other words, up to $5d you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home soldINFORMATION ALABAMA DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who sue Alabama