Unauthorized Practice of Law in Alabama
Contents
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.
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
Based on the current state of the law, it is recommended that a licensed Alabama attorney be used to draft any deeds or other legal documents that will be recorded in connection with any real estate transaction. In no event should an agent charge for the preparation of any such documents.
- 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.
