Property Deeds in Jefferson County
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Property deeds in Jefferson County are the legal instrument that records possession of real property (land and homes). But there are actually different kinds of property deeds in Jefferson County and which one you execute and record in a property transaction can depend on your situation. There are four general types of deeds in Jefferson County, Alabama: a General Warranty Deed, Special Warranty Deed, Bargain and Sale Deed, and a Quitclaim Deed. Call our local attorney today if you have questions about property deeds in Montgomery or Birmingham, Alabama.
A General Warranty Deed is the most common deed in Jefferson County, Alabama. It provides the buyer with a high level of protection, requiring the grantor to make certain covenants or guarantees. The grantor must guarantee that they actually own the real estate and can convey it, that there are no encumbrances on it unless specified in the property deed, that the property has clear title against third parties, and that they will deliver the document to make the title good for buyer. If you call our property deed attorneys in Birmingham and Jefferson County we can help.
A Special Warranty Deed is a where the grantor just guarantees against defects in title that occur while the grantor owns the property. With a General Warranty Deed, the grantor can guarantee the title is clear as of the origin of the property. The grantor only makes this guarantee back to time they purchased the property and guarantees that they own the property and can sell it in a Special Warranty Deed. This type of warranty deed is rarer than other types of property deeds in Jefferson County, Alabama.
The Bargain and Sale Deed implies the grantor owns the real estate but makes no guarantee about the title. With this kind of instrument, the buyer gets no guarantees about liens or encumbrances. Due to this, the buyer could get surprised down the road if title defects appear on the property. These types of property deeds in Jefferson County are used in specific situations like tax sales or foreclosure sales.
Quit Claim Deeds in Jefferson County
The Quitclaim Deed offers the least amount of protection for the buyer. It is called a quitclaim deed due to the grantor terminating their rights and claims to property upon transferring property to the grantee. Unlike Warranty deeds, the quitclaim deed has no title covenants and the grantor is not guaranteeing that there are not any liens on the real estate and they are not even stating that they actually own the real estate.
Our estate planning attorneys currently charge a flat fee to prepare and handle your quit claim deed for you. Because these deeds do not have such promises or guarantees they are rarely used. They might be used in transfers between family, as gifts, or to transfer personal property into a business entity. Another reason you might use a Quit claim Deed is after a divorce when someone deeds over the property to their ex-spouse. This is done because the buyer is usually familiar with the real estate and the factors surrounding it.
After a deed is signed, you have to record it in the Probate Court where the property is located. Our deed attorneys in Jefferson County can record this deed for you for a flat fee. The Probate Court charges a filing fee, that varies from county to county and is based largely on the value of the property. Prior to transferring this property, you should talk to a local Alabama property deed attorney in Jefferson County to discuss which deed is best for your particular situation.
Quitclaim deeds may not sound appealing to many people. However, they are generally a quicker and cheaper way to transfer ownership if you already know the owner and the liens on the property. Our property deed lawyers in Jefferson County charge $250.00 to prepare a Quitclaim deed and you record it yourself. Call today and let our property deed lawyers in Jefferson County help you figure out what type of deed you need in Birmingham Alabama.
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