Property Deeds in Calhoun County

Property deeds in Calhoun County 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 including General Warranty Deeds, Special Warranty Deeds, Bargain and Sale Deeds, and Quitclaim Deeds. Our property deed attorneys in Anniston can help you get the right deed prepared and filed accordingly where you live. Sometimes before or after you file a bankruptcy, divorce, or any other legal proceeding you will need a deed. Our divorce & bankruptcy attorneys in Anniston our here to help you no matter what type of deed you need prepared.

A General Warranty Deed is the most commonly used 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. Sellers must guarantee the following:

• That they own the property and have the right to convey it.
• There are no liens or encumbrances on the property unless specifically mentioned in the deed.
• The title is good against third parties that may attempt to lay claim to the property.
• They will deliver and document the instrument necessary to make the title good for the buyer.

Special Warranty Deeds are a deed wherein the grantor only guarantees against defects in the title that occurred while they owned the property. 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. With a Special Warranty Deed, the grantor also guarantees that they own the property and have the legal right to sell the property. This kind of warranty deed typically goes unused.  When you call our Alabama property deed attorney we can evaluate which type of deed you need and help you get it recorded properly where you live.

A Bargain and Sale Deed is a deed 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. Specific situations like tax sales or foreclosure actions are examples of Bargain and Sale Deeds in Calhoun County. Either way our property deed lawyers in Birmingham and Anniston can help today.

The Quitclaim Deed offers the least protection for the buyer. In Quitclaim Deeds, when the grantor transfers the property to the buyer, it terminates the grantor’s rights and claims to the property. Unlike Warranty Deeds, Quitclaim Deeds contain no title covenants. Grantors do not guarantee there are no liens, encumbrances on the property, or that they own the property.

Our local property deed attorneys charge $250 to prepare your deed for you to record yourself in the Probate Court where the property is located. When filing or recording a deed you must pay the recording fee which varies from county to county.

These 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.
• After a divorce when one spouse deeds over real property to their ex-spouse.

After an executed deed, you will need to file or record it in the Probate Court in which the property is located.  The probate court will charge a filing fee, while determining the tax appraisal value of the property. Before you transfer real property, you should consult with a local Calhoun County Property Deed attorney that knows local property deed laws.

Quitclaim deeds are generally a quicker and less expensive way to transfer property ownership. When you hire an Anniston divorce attorney to handle your divorce, many times they can also prepare a deed for you for a low flat rate since property is sometimes addressed in a divorce proceeding. However, whether ordered in a divorce or otherwise, our Calhoun County property deeds attorneys can help. We charge $250.00 plus recording fee to prepare a Quitclaim or Warranty deed for you and your family.  Call today for a quick consultation to determine what type of property deed in Alabama is right for you.