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Q & A Drilldown

Alabama
Titling and Security Interests
Lien Release Fee > Are lien release fees permitted?

Short Answer:

No.

Explanation:

The Uniform Certificate of Title and Antitheft Act, Ala. Code §§ 32-8-1 et seq. ("Title Act"), requires a lienholder to release a lien after the debt is satisfied. Ala. Code § 32-8-64. The Title Act does not authorize a lienholder to charge a lien release fee.

The Alabama Consumer Credit Act, Ala. Code §§ 5-19-1 et seq. ("Mini-Code"), authorizes a creditor to contract for a rate on the balance and specified fees. The Attorney General's office has taken the position that a creditor may not charge a fee unless the fee is authorized by the Mini-Code or another Alabama statute. This database takes the position that other fees are not permitted unless expressly authorized by a statute, the Attorney General or the Alabama Banking Department, Bureau of Loans ("Banking Department").

This database takes the position that a person should not charge a fee to perform a task required by law unless the law authorizes a fee.

Last Revision*:

May 11, 2019   Show Redlined Changes

* The Last Revision date is the last time we made a SUBSTANTIVE revision to the answer. The date DOES NOT represent the last time we reviewed the answer. We review our answers on an ongoing basis.