Alabama deed, also known as a property deed, is a legal document used to transfer ownership of real estate in the state of Alabama. It serves as proof of ownership and outlines the rights and responsibilities associated with the property. There are several types of Alabama deeds, each serving a specific purpose. 1. General Warranty Deed: This is the most common type of Alabama deed. It provides the highest level of protection for the buyer, as it guarantees that the seller has the right to sell the property and will defend the buyer against any future claims against the title. 2. Special Warranty Deed: This type of deed offers a limited warranty to the buyer. It guarantees that the seller has not done anything to negatively impact the title during their ownership, but it does not protect against any issues that may have occurred before they owned the property. 3. Quitclaim Deed: A quitclaim deed is often used when transferring property between family members, divorcing spouses, or in other non-sale situations. It transfers whatever interest the seller has in the property without providing any guarantees about the title. 4. Executor's Deed: This type of deed is used in probate cases when a deceased person's property needs to be transferred to an heir or beneficiary. The executor, appointed by the court, signs the deed to enable the transfer. 5. Trustee's Deed: When a property is held in a trust, the trustee signs a trustee's deed to transfer the property according to the terms of the trust agreement. 6. Sheriff's Deed: In cases of foreclosure or court-ordered sales, the local sheriff may issue a sheriff's deed to transfer the property to the buyer. 7. Tax Deed: A tax deed is issued when the government sells a property to recoup unpaid property taxes. It transfers the property's ownership to the highest bidder at a tax sale. These various types of Alabama deeds provide legal protection and serve different purposes in real estate transactions. It is crucial for both buyers and sellers to understand the specific type of deed used in their real estate transaction to ensure a smooth and legally binding transfer of ownership.
Alabama Deed
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How to fill out Alabama Deed?
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FAQ
A deed is a physical legal instrument that records the sale or transfer of property. It must be executed pursuant to the laws of the jurisdiction of where the property is located. A deed is executed by the grantor who is selling or transferring the property to the grantee who is buying or receiving the property.
50 per $500 or $1.00 per $1000 on value of property conveyed - charged in increments of $500. The amount of value conveyed is always rounded to the nearest $500. A $1.00 ?no-tax? fee is charged on deeds that are tax exempt.
The document must be signed and acknowledged by the grantor in the presence of two credible witnesses, one of which can be the notary (Ala. Code 1975, 35-4-65). Record the completed deed, along with any additional materials, in the probate office of the county where the property is located.
Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves. Title Opinions must be rendered by an attorney licensed to practice in the State of Alabama.
Deeds are usually recorded by the property owner, real estate agent, or closing attorney in the Mobile County Probate Court records department. If your deed was recorded, you may purchase a copy. For more information you can call the records department of the Mobile County Probate Court at 251-574-6000.
An Alabama deed is not valid unless it is signed as required by law. The deed should be signed by the current owner or owners, with each signature notarized using Alabama's statutorily approved acknowledgments. There is no need for the new owners (grantees) to sign the deed.
Recording ? A quit claim deed should be filed in the office of the County Probate Judge along with any required fees. Signing Requirements ? If a notary acknowledgment is not included in the conveyance of the property, a witness must attest to the conveyance.