Alabama Clerk's Deed
Understanding this form
The Clerk's Deed is a legal document used by the circuit clerk to convey property ownership after a public sale. It serves as formal evidence of the sale and transfer of title from the clerk to the buyer, which is particularly relevant in cases of foreclosure or tax sales. This deed differs from other types of deeds, such as warranty or quitclaim deeds, as it is specifically linked to sales ordered by a court and typically does not include guarantees regarding the property title.
Key parts of this document
- Details of the sale, including the date and location of the auction
- The full name of the purchaser and purchase amount
- Legal description of the property being conveyed
- Signature of the Clerk of the Circuit Court
- Notary acknowledgment section for additional legal validation
When this form is needed
This form is used following the sale of a property at a public auction, typically orchestrated by the circuit court. If you participated in a foreclosure auction or a tax lien sale and were the winning bidder, this deed is necessary to officially document your purchase and transfer ownership of the property. It may also be used in other situations where property transfers occur due to court orders.
Intended users of this form
- Winning bidders at public property auctions
- Circuit clerks needing to formalize the transfer of real estate
- Real estate professionals involved in post-auction transactions
How to prepare this document
- Identify and enter the name of the county where the property is located.
- Fill in the date of the sale and the legal case details.
- Specify the purchaser's name, address, and the amount paid for the property.
- Provide a complete legal description of the property, referring to Exhibit A if necessary.
- Sign the document as Clerk of the Circuit Court and date it.
- Include the notary acknowledgment section if required and have it notarized.
Does this document require notarization?
Yes, this form must be notarized to be legally valid. Notarization provides an additional layer of verification that the document was signed in accordance with legal protocols. US Legal Forms offers integrated online notarization, which is available 24/7 through secure video calls, ensuring you can complete this step without hassle.
Common mistakes
- Failing to include all required signatures.
- Not providing a complete legal description of the property.
- Neglecting to have the document notarized when required.
- Leaving out essential details about the auction or court case.
Why complete this form online
- Immediate access to a professionally drafted legal document.
- Convenient downloading options in multiple formats, including Word.
- Editability allows for customization specific to each property transaction.
- Assurance that the form meets state legal requirements.
Form popularity
FAQ
Generally, the lender sends the documents to be recorded after the closing.Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded.
At death, property is transferred from your name (ownership) in one of three ways: by title; by beneficiary designation; or by probate. The trick to avoiding probate is to make sure all of your assets are set up as transfers under either joint title or beneficiary designation.
Alabama does not allow real estate to be transferred with transfer-on-death deeds.
If you have decided that you would like to receive a copy of a specific deed, all you need to do is visit the clerk's office in the appropriate county and request the deed using any or all of the data parameters listed previously, For example, if you have the address for a property whose deed you would like to review,
The Alabama warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property.
In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title deed.
If the deceased was sole owner, or co-owned the property without right of survivorship, title passes according to his will. Whoever the will names as the beneficiary to the house inherits it, which requires filing a new deed confirming her title. If the deceased died intestate -- without a will -- state law takes over.
Find the most recent deed to the property. Create the new deed. Sign and notarize the deed. Record the signed, notarized original deed with the Office of the Judge of Probate.
