Difference between revisions of "Unauthorized Practice of Law in Alabama"

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(Overview)
(Overview)
 
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==Overview==
 
==Overview==
  
Attorney involvement is not required for most aspects of title insurance transactions in Alabama except for document preparation.  Based on the current state of the law, an attorney should be used to draft any deeds or other conveyance documents.  Basic title insurance affidavits can likely still be prepared by title agents without any issue.
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Attorney involvement is not required for most aspects of title insurance transactions in Alabama except for document preparation.  Deeds and other conveyance documents must be prepared by a licensed Alabama attorney.  Basic title insurance affidavits may be prepared by title agents without any issue.
  
 
==Sources==
 
==Sources==
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* <u>Land Title Co. of Alabama v. State ex rel. Porter</u>, 299 So. 2d 289 (Ala. 1974)
 
* <u>Land Title Co. of Alabama v. State ex rel. Porter</u>, 299 So. 2d 289 (Ala. 1974)
  
==Title Searching and Examination==
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==Title Searching==
  
Title Searches and Title Examinations are '''not required''' to be done by or supervised by attorneys in Alabama.
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Title Searches are '''not required''' to be done by or supervised by attorneys in Alabama.
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==Title Examination==
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Title Examinations is '''not required''' to be done by or supervised by attorneys in Alabama.
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==Attorney Title Certifications==
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Attorney Title Certifications are '''not required''' in Alabama.
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==Attorney Title Opinions==
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Attorney Title Opinions are '''not required''' in Alabama.
  
 
==Document Preparation==
 
==Document Preparation==
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* Simple Affidavits may be prepared by title companies and their agents.
 
* Simple Affidavits may be prepared by title companies and their agents.
  
==Closings and Escrow==
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==Closing and Escrow==
  
 
Closings are '''not required''' to be done by or supervised by attorneys in Alabama.
 
Closings are '''not required''' to be done by or supervised by attorneys in Alabama.
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==Disbursement==
 
==Disbursement==
  
Disbursement of files in Alabama is '''not required''' to be done by or supervised by attorneys.
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Disbursement of files is '''not required''' to be done by or supervised by attorneys in Alabama.
  
 
==Recording==
 
==Recording==
  
Document recording in Alabama is '''not required''' to be done by or supervised by attorneys.
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Document recording is '''not required''' to be done by or supervised by attorneys in Alabama.
  
 
==Other==
 
==Other==

Latest revision as of 18:22, 22 February 2019

Overview

Attorney involvement is not required for most aspects of title insurance transactions in Alabama except for document preparation. Deeds and other conveyance documents must be prepared by a licensed Alabama attorney. Basic title insurance affidavits may be prepared by title agents without any issue.

Sources

  • Ala. Code § 34-3-6
  • Coffee County Abstract and Title Co. v. State, 445 So. 2d 852 (Ala. 1983)
  • Land Title Co. of Alabama v. State ex rel. Porter, 299 So. 2d 289 (Ala. 1974)

Title Searching

Title Searches are not required to be done by or supervised by attorneys in Alabama.

Title Examination

Title Examinations is not required to be done by or supervised by attorneys in Alabama.

Attorney Title Certifications

Attorney Title Certifications are not required in Alabama.

Attorney Title Opinions

Attorney Title Opinions are not required in Alabama.

Document Preparation

  • Deeds, Mortgages, and other documents must be prepared by attorneys in Alabama.
  • Simple Affidavits may be prepared by title companies and their agents.

Closing and Escrow

Closings are not required to be done by or supervised by attorneys in Alabama.

Parties to a closing are not required to be represented by attorneys in Alabama.

Disbursement

Disbursement of files is not required to be done by or supervised by attorneys in Alabama.

Recording

Document recording is not required to be done by or supervised by attorneys in Alabama.

Other

N/A.

Cross-References