The state legislature regulates all Alabama deed forms. Each deed must be signed and sealed by the seller of any land, real estate, or other realty. The Secretary of State compiles all property records in Alabama and allows searches to be conducted on the Inquiry System.
The county recorder’s office maintains Alabama property deeds in each county where the property exists. The preparer must identify themselves on the document, according to Alabama statute 35.4.113.
Alabama General Warranty Deed
The Alabama warranty deed form is a document used to transfer property or real estate from the seller to the buyer. The document contains a comprehensive warranty or a guarantee that:
- The seller holds the legal title to the property or real estate
- No encumbrances exist on the deed apart from those potentially specified
- No other party claims an interest in the property
Once the deed is signed and properly notarized, it should be delivered to the buyer. The buyer is then responsible for the document and must have it properly recorded with the county recorder’s office.
An Alabama quitclaim deed transfers property or real estate from a seller to a buyer. A quitclaim deed transfers ownership, with the buyer accepting any risks associated with the property.
In Alabama, the quitclaim form most commonly appears during divorce proceedings. Any arrangement between the two parties typically requires some transfer of ownership. The quitclaim deed must be acknowledged by a notary or signed by a witness to the procedure.
The Alabama special warranty deed transfers property and real estate rights from a seller to a buyer with a limited warranty. The deed must contain any warranty restrictions per information provided by the seller. These deeds are typically used when:
- A buyer is purchasing a property for the total value
- A buyer does not plan to buy title insurance
- The current owner is comfortable with any legal risk associated with the warranty of the title
The Alabama deed of trust is an agreement between a trustor (those seeking a loan) and the trustee (the loan provider). The agreement states that the person seeking the loan will pay it and that the loan provider will hold the property title until the loan is completely paid.
The property title acts as collateral for the loan amount until the trustor (or borrower) can pay back the loan. Once the loan is fully paid, the trustor receives ownership of the legal title to the property.
Each state has its regulations regarding deeds. Here are some of the frequently asked questions concerning deeds in Alabama.