If any person transferring the property (grantor) is an individual, the deed must include a statement of that individual’s marital status (Alabama Code § 35-4-73). The deed should be signed by the current owner or owners, with each signature notarized using Alabama’s statutorily approved acknowledgments (Alabama Code § 35-4-29).
In some states— like Texas —a deed without warranty (also called a no warranty deed) is often preferred as a substitute for a quitclaim deed. This is due to differences in how state law treats quitclaim deeds. There are no issues with quitclaim deeds in Alabama, so Alabama does not have deeds without warranty other than quitclaim deeds.
Quitclaim Deed – An Alabama quitclaim deed form provides no warranty of title. It simply transfers the current owner’s interest, if any, to the new owner. Alabama title companies recognize quitclaim deeds, so no warranty deeds (deeds without warranty) are not used in Alabama.
Therefore, if you need any help transferring, drafting, or obtaining a deed, then you should consult a local real estate attorney for further guidance. Your lawyer can help ensure that the transfer goes smoothly and that the transaction is conducted in a manner that complies with relevant laws and proper protocols.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. You can complete a complaint form online or download a PDF complaint form from the State Bar's website.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
Even though part of a solicitor's job is to sue, it does not make him or her immune from being sued in their professional capacity. A solicitor can be sued for negligence just like any other professional person and professional negligence cases are actually fairly common.
If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.
If a lawyer lies to the Judge about something that is within his own knowledge -- such as something the lawyer did or didn't do during the lawsuit, then he can be suspended or disbarred. However, it's important to distinguish what you mean by a "lawyer lying" from examples when a lawyer is not really lying.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
EthicsMaintain the attorney-client privilege.Perform their duties to the degree of a reasonably competent attorney.Represent their client's interests loyally.Work within the bounds of the law.Maintain separate bank accounts for client money.Not engage in any criminal activities.More items...•
Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.
Property deeds in Alabama are the legal instrument that you need in order to record possession of real property (land and homes). There are several different kinds of deeds to transfer property. The four major types of property deeds in Alabama commonly used are: General Warranty Deed. Special Warranty Deed.
Quitclaim Deeds in Alabama. These Quitclaim deeds lack covenants that buyers typically demand and only used in specific circumstances. Quitclaim Deed examples include: When land transfers between family members, as gifts. Personal property transfers into a business entity or vice-versa.
Before you transfer real property, you should consult with a local Alabama Property Deed attorney that knows local property deed laws. Quitclaim deeds are generally a quicker and less expensive way to transfer property ownership. Most local attorneys can prepare a property deed in Alabama for you for a low flat rate.
Bargain and Sale Deed is a property deed in Alabama that implies the grantor owns the property but makes no guarantees regarding the title. This kind of deed, the buyer gets no protections from liens or encumbrances. Buyers could get in trouble down the road if title defects appear or others claim the property.
Special Warranty Deed is a property deed wherein the grantor only guarantees against defects in the title that occurred while they owned the property.
Quitclaim Deed. General Warranty Deed is the most commonly used property deed in real estate transactions. This deed provides the buyer with the highest level of protection. It requires the grantor (i.e., the seller) to make certain “covenants,” or guarantees.
A grantor guarantees the title is clear all the way back to the origin of the property with General Warranty Deed. With Special Warranty Deed, the grantor only makes that guarantee back to the time they purchased the property.
For an example, in Florida a grantor must sign the deed before a notary and two witnesses — who also sign in the notary’s presence. As you can see, a state and the counties will have specific requirements for the deed, which can include formatting, return addresses, the name of the deed preparer, and so forth. Step 5.
Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.
The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.
Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.
So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.
Another possible workaround is transferring the house into a trust. Be clear on what your mortgage company will allow that without accelerating the mortgage due date. And look out for quitclaims from strangers. If you receive a home by accepting a quitclaim deed, know that your title could have defects.
Sign the deed before a notary. As the grantor, you’ll need to sign the deed with a notary public, who will change a small fee. In some states the grantee may not need to sign, but the deed must be delivered to the grantee, and the grantee must accept the deed, or it’s not valid.
Alabama deed forms allow for a buyer and seller to transfer the interest of ownership in real estate and convey the property. The type of deed depends on the situation and the title of the property.
General Warranty – The most common as it is widely used for purchase and sale agreements for a standard real estate transfer. This type guarantees the title to the new owner and that no previous owner shall have any claims to the property.
Step 1 – Go to this webpage and select the County where the property is located (for these instructions, we chose Baldwin County ).
A general warranty deed is used to transfer an interest in real estate in Alabama in most real estate transactions. An Alabama warranty deed conveys real property with warranty covenants to the buyer. It requires an acknowledgement of the grantor's signature.
Deeds should be recorded in the county where the property is located . When you are buying property, you also need to choose how you are going to hold title. Co-buyers can take title as joint tenants with right of survivorship or tenants in common.
When a special or limited warranty deed is used, the grantor only warrants that there are no title defects during the time the grantor owned the property. The special or limited warranty deed gives the grantee greater protection than a quitclaim deed and less protection than a full or general warranty deed.
A quitclaim deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions such as transfers between spouses.
It offers the best protection for the grantee because it guarantees that the title is good and marketable. The grantor promises the grantee that the grantor will defend the grantee from any all claims made by third parties. The general warranty deed contains the following provisions: Amount of consideration.
A deed of trust or trust deed is similar to a mortgage. Title is transferred to a trustee, which is usually a trust or title company that holds the real property as security for the borrower's loan. At the time the loan is paid in full, title is transferred to the borrower. The only powers that the trustee has is the power of sale if the borrower defaults. The trustee can then sell the property to pay off the lender at a foreclosure sale auction.
Grant Deed. Grant deeds transfer ownership from the grantor to the grantee. The grantor promises that title has not been transferred previously and that there are not any encumbrances, other than those stated in the deed.
One of the most important details on a real estate deed is how multiple owners decide to hold title to the land. Joint tenancy in Alabama does not automatically include rights of survivorship. Instead, when a joint tenant dies, the interest is severed and passed on to his/her heirs, just as in tenancy in common.
When considering a real estate transaction, as either a buyer (grantee) or seller (grantor), start by reviewing the state's property laws. Title 35 of the Code of Alabama contains the rules that govern real estate deeds for the state. The real property section declares that anyone wishing to convey land must be ...
Warranty deeds contain specific terms that imply protective covenants between the grantor and grantee. "In all conveyances of estates in fee, the words "grant," "bargain," "sell" or either of them, must be construed, unless it otherwise clearly appears from the conveyance, an express covenant to the grantee, his heirs and assigns, ...
Standard signatures only need one witness, but marks by non-signing grantors require two witnesses to ensure the validity of the transfer (35-4-20). The notary, who must acknowledge the signatures, may serve as the sole witness where required, and as one of multiple witnesses when needed (35-4-23). Generally, deeds require a recital ...
One important reason to record real estate deeds is that recordation serves as constructive notice to the public of a change in the ownership status for a specific piece of real property . Constructive notice is the legal expectation that an individual will be aware of information that is available in the public record.
Any instrument conveying interest in lands (a real estate deed) must be written on parchment or paper and signed at the end by the grantor or an authorized representative. If the grantor is unable to write his/her name, someone else must enter it on the document with the words "his mark" written on or near the name.
If co-owners want a survivorship tenancy, where the deceased owner's rights automatically pass to the survivor (s), the deed must specifically state that intention (35-4-7). For example: "John Doe and Richard Roe, as joint tenants with rights of survivorship.".
Because of the spousal homestead rights, it is customary for Alabama deeds to include a statement about whether the property is the homestead of the person signing the deed. If the person is unmarried, this provision has little value.
Alabama recognizes three types of deeds based on the warranty of title: General Warranty Deed – The Alabama general warranty deed form is used when owners want to provide a full warranty of title that covers the entire chain of title, including the time period before the current owners owned the property. Statutory Warranty Deed – The Alabama ...
Statutory Warranty Deed – The Alabama statutory warranty deed is Alabama’s version of a special warranty deed. It provides a warranty of title that is limited to the time when the current owner (the owner conveying the property by deed) owned the property. The current owner is not responsible for anything that happened before ...
These forms of co-ownership include joint tenancy with right of survivorship, tenancy in common, and life estates. Each of these are discussed below.
The amount of the Alabama deed transfer tax is $0.50 for every $500 of property value.
Spousal Ownership of Alabama Real Estate. Alabama is a separate property (common law) state, so it does not recognize community property . When a deed is signed conveying property to one spouse, the property belongs to that spouse alone. For example, a deed to a wife does not give her husband an automatic interest in the property as it could in ...
Under this statute, a transfer of homestead property without the signature of both spouses is invalid. That is true even if only one spouse owns the property. For a married couple to convey Alabama homestead property, both spouses must sign the deed.
Life estate deeds are sometimes used in Alabama to avoid probate. The term life estate deed does not relate to the warranty of title. Instead, it designates the deed as an instrument that will transfer property on the death of the current owner. Because the term life estate deed deals with a different issue than warranty of title, ...
In Alabama, quitclaim deeds are often used if the property is being transferred: To a spouse or other family member as a gift; To an ex-spouse following a divorce; To change the nature of marital property; To a living trust or business owned by the current owner; To someone who will own the property with the current owners ...
If it turns out that the current owner did not own the property or if there are problems with title, the person named as the recipient in the quitclaim deed has no legal remedy . Quitclaim deeds allocate the most risk to the new owner and the least risk to ...
Quitclaim deeds are sometimes used when no money is changing hands as part of the transfer (no consideration is given). This could occur, for example, if a person is transferring property to a family member by gift. Quitclaim deeds are also used to remove an ex-spouse from title to real estate following a divorce.
To a living trust or business owned by the current owner; To someone who will own the property with the current owners (adding someone to the deed); From someone who no longer wishes to hold title (removing someone from the deed); or.
Quitclaim deeds are sometimes incorrectly called quick claim deeds. In some states— like Texas —a deed without warranty (also called a no warranty deed) is often preferred as a substitute for a quitclaim deed. This is due to differences in how state law treats quitclaim deeds. There are no issues with quitclaim deeds in Alabama, ...
If a deed makes a warranty of title, the transferee can sue the transferor over any title issues. A quitclaim deed provides no warranty of title. It is simply a release of whatever interest the signer may have in the property. A person who signs a quitclaim deed makes no representations about whether he or she owns the property, ...
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People often use quitclaim deeds for transfers between family members or to clear property title issues. In Alabama, quitclaim deeds can be for either purpose, however people use them most often to correct title issues. However, quitclaim deeds in Alabama do not protect the grantee against title issues and do not offer a guarantee of a clear title.
A complete legal description of the property needs to accompany the deed. Finally, the grantors must sign the quitclaim deed and have this acknowledged by a notary public.
The deed provides a guarantee by the grantor that he is the owner of the property and the property has no title defects or liens present. If in the future the property develops an issue regarding the title, the grantor has the obligation to aid the grantee to clear the issue.
In Alabama, the county probate court is responsible for document recordings and record maintenance. This includes quitclaim deeds. For a quitclaim deed to record in Alabama, it must state the names and marital status of all grantors and grantees. It must also include the mailing address of the grantees, and the name and address ...
However, quitclaim deeds in Alabama do not protect the grantee against title issues and do not offer a guarantee of a clear title.