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Alabama HB 401 increases mortgage recording fees and allocates dedicated revenue to the Housing Trust Fund

Original title: Relating to Alabama Housing Trust Fund; mortgage recording fee increase

Last action · February 5, 2026: Pending Committee Action in House of OriginSponsor: Kelvin Datcher

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

This bill doubles the mortgage recording privilege tax rate from 15 cents to 30 cents per $100 of indebtedness and establishes a permanent dedicated revenue stream for the Alabama Housing Trust Fund. Effective October 1, 2026, the legislation restructures fee distributions among probate judges, county treasuries, the State Treasury, and the housing trust fund.

Why it matters

Property buyers and borrowers statewide will pay higher recording fees on mortgages, deeds of trust, and s contracts, while state housing programs receive a new dedicated funding source.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

mortgagors and debtors

Mortgagors and debtors must pay an increased mortgage recording tax rate of thirty cents for each $100 of initial indebtedness.

Directly affected

judges of probate

Judges of probate retain five percent of collected taxes as compensation and handle tax collections, certifications, and county distributions.

Directly affected

financial institutions

Banks, savings and loan associations, and insurance companies may use simplified annual reporting procedures subject to State Banking Department audits.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

How much will the mortgage recording fee increase?
The fee increases from 15 cents to 30 cents for each $100 of initial indebtedness or fraction thereof.
Where do the collected mortgage recording taxes go?
Taxes are distributed as follows: 5 percent to the judge of probate, 25 percent to the Alabama Housing Trust Fund, 33 percent to the county treasurer in the collection county, and 37 percent to the State Treasury.
When does this change take effect?
The act becomes effective on October 1, 2026.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

2 actions
  1. Feb 5, 2026HouseCommittee
    Pending Committee Action in House of Origin
  2. Feb 5, 2026HouseIntroduced
    Read for the first time and referred to the House Committee on Ways and Means General Fund

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Dedicated Revenue for Housing Trust Fund

The legislation introduces a structural change by carving out 25 percent of mortgage recording taxes specifically for the Alabama Housing Trust Fund.

Connected Entities

State Banking Department, Alabama Housing Trust Fund, State General Fund of Alabama and 2 more
OrganizationState Banking Department“State department authorized to audit financial institutions reporting indebtedne”Map →
OrganizationAlabama Housing Trust Fund“Recipient of a dedicated portion of mortgage record tax revenues under the bill.”Map →
OrganizationState General Fund of Alabama“Recipient of fines imposed on organizations for willful under-certification of i”Map →
OrganizationDepartment of Revenue“State agency responsible for ascertaining taxable indebtedness amounts, valuatio”Map →
OrganizationState Treasury“Recipient of 37 percent of collected mortgage record taxes.”Map →

Sources

Open source document

alison.legislature.state.al.us

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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