Alabama Clerk's Deed
Overview of this form
The Clerk's Deed is a legal document used to transfer property ownership following a public sale conducted by a circuit clerk. This deed functions as proof of the sale, documenting the transaction between the highest bidder and the clerk on behalf of the court. The Clerk's Deed is essential in situations involving foreclosure or property auctions, ensuring accurate representation of ownership changes in property records.
What’s included in this form
- Information about the county where the sale occurred.
- Details of the court case including civil action number and the date of the decree.
- Identities of both the seller (Clerk of the Court) and the buyer.
- Description of the property being transferred.
- Signature of the Clerk of the Circuit Court and notarization section.
Legal requirements by state
This form is designed for use within the state of Alabama. It reflects the legal standards and requirements specific to Alabama property transactions, including the necessary signatures and filing procedures mandated by the state's laws.
When to use this form
This form is used when a property is sold at a public auction or foreclosure sale overseen by a circuit court. Common scenarios include properties sold due to unpaid debts, tax delinquency, or other legal circumstances requiring a public sale. The Clerk's Deed formalizes the transfer of property ownership from the court to the purchaser, ensuring the transaction is documented legally.
Who should use this form
- Individuals or entities participating in a public property auction.
- Clerks of the Circuit Court who need to document property sales.
- Attorneys representing clients in property transactions following court sales.
How to complete this form
- Identify the county where the sale occurred and enter its name.
- Fill in details about the court case including the civil action number and the decree date.
- Enter the name of the highest bidder who purchased the property.
- Provide a detailed description of the property being transferred.
- Have the Clerk of the Circuit Court sign and date the deed.
- Ensure the form is notarized to validate the transaction.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Common mistakes to avoid
- Failing to include accurate court case details.
- Not providing a complete property description.
- Omitting required signatures before filing.
- Neglecting to notarize the deed where required.
Advantages of online completion
- Convenience of instant download and access from anywhere.
- Editability to easily customize the form for specific transactions.
- Reliability of using templates drafted by licensed attorneys.
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.
