Updated February 01, 2024
An Alabama special warranty deed is a legal document that transfers ownership of a property from the seller to the buyer, guaranteeing that the seller will compensate the buyer if any claims emerge against the title. If the seller is married, the spouse should also sign his or her interest in the property. Such interest may be tenants by the entirety, joint owners, or such spouse may have a homestead interest. If there is no interest held by the spouse, that must also be indicated on the deed.
Laws
- Statutes – Title 35, Chapter 4 (Conveyances and Creation of Estates)
- Real Estate Sales Validation (Form RT-1) – To be completed prior to recording.[1]
- Recording – Must be filed with the County Probate Judge.[2]
- Signing – A Grantor who is able to write their name must complete and sign this form in the presence of either one (1) witness or a notary public. If the Grantor is unable to write their own name or refuses to do so, then the execution must be attested by two (2) witnesses or a notary public.[3][4]
How to Write
Download: PDF, Microsoft Word, Open Document
I. Alabama Preparer
(1) Name Of Alabama Preparer. In some cases, a Party may have been designated with the responsibility of providing the information this paperwork requires to effect the Alabama Grantor’s release of real property. If this is the case, then the Preparer should be identified at the onset of this release.
(2) Address Of Alabama Preparer. The formal business address where the Preparer of this form can be contacted through the mail is required to properly identify him or her.
II. Alabama Special Warranty Deed Recipient
(3) Alabama Deed Recipient Name. Once the Alabama County responsible for filing this release on record has completed its task, this document will be returned or sent to a specific Party (i.e. the Grantee). The full name of the Recipient Party of the filed paperwork is required for the header of this release.
(4) Alabama Deed Recipient Address. The exact mailing address where this document should be sent once the Alabama Probate Judge Office has completed its filing must be presented.
III. Statement Of Conveyance
(5) Alabama Deed Grantor Identity. The Grantor will be the Party who currently holds the property and will release such claim once his or her requirements to do so are met. The Deed Grantor in Alabama will need to be identified in this role upon the opening of the statement being made.
(6) Street Address Of Alabama Deed Grantor. The physical location of the Alabama Grantor should be documented by recording the building number, street/road/avenue, and apartment/unit number found in his or her home address.
(7) Alabama County Of Grantor Residence. Document the Alabama County where the Grantor’s street address is found.
III. Requirement
(8) Consideration. As mentioned earlier, the Grantor of the Alabama property will usually place conditions upon the release of his or her property. In most cases, such a release will occur in exchange for a set amount of money. This document must declare this amount clearly therefore, write it out where requested then reproduce this amount numerically in the parentheses this statement contains.
IV. Grantee Of Alabama Special Warranty Deed
(9) Grantee Identity. The Party who shall submit the sum defined by this document to the Grantor of the concerned Alabama Party in exchange for ownership of the real property should be named. Define the Grantee with his or her full name to the space available.
(10) Grantee Street Address. The Grantee’s identity must be accompanied with the street address (building number, road or street name, unit/apartment number) of his or her home. Continue to the next available area then dispense this address.
(11) County And State of Alabama Grantee Residence. Complete the Grantee’s description with a report on the County and State where the Alabama Grantee’s home address is located. Two distinct areas have been provided to accept this information.
V. Legal Description Of Alabama Property
(12) County Of Property Being Released. Document the name of the Alabama County where the real property being conveyed through this release of ownership is physically located.
(13) Alabama Property Description. Naturally, whenever the ownership of real property in Alabama is released, transferred, sold, or otherwise conveyed from one Party to another, a clear description of the concerned property must be declared. This will require that the physical address of the Alabama property being conveyed as well as its legal description be provided to the content of this release. In most cases, the legal description of an Alabama property may be found on the current deed. It is strongly recommended that the current deed be accessible to the Grantor of this property even if a copy must be obtained from the County Probate Office or Recorder’s responsible for maintaining land records for this property since the legal description of the property must be transcribed exactly as it appears on the books.
VI. Execution Of Alabama Statement
(14) Signature And Name Of Alabama Grantor. The Grantor of the Alabama Property must sign this document to formally release the concerned property to the Grantee above. His or her signature must be completed under the observance of a Notary Public with an active license or one adult Witness. Additionally, the Alabama Grantor must print his or her name directly below the signature provided. Notice that enough room for two Alabama Grantors has been supplied for this signature process. This will enable more than one Grantor to participate in this agreement. In the State of Alabama, every Party having a claim or ownership to the property being conveyed must produce his or her signature to prove the intent to release the concerned property.
(15) Address Of Alabama Grantor. The Address of the Alabama Grantor must be delivered when he or she signs this document.
VII. Witness To Alabama Grantor Execution
(16) Signature And Name Of Witness. Many would consider it wise that the Grantor provide his or her signature before one Witness in addition to having it notarized. The Witness will observe the Alabama Grantor sign this document. Once this act is completed, the Witness should and print his or her name as verification of his or her presence at the time of the execution of this release.
VIII. Notarization Acknowledgment Of Grantor Signing
(17) Notarization Of Alabama Special Warranty Deed. A licensed Notary Public will be easily found as his or her contact information is a matter of record and often considered a reliable way to confirm the identity of the Alabama Grantor signing this paperwork and the date of this signature using the area provided (exclusively) for notarization.
