Montgomery Property Deed Attorneys
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Property deeds in Montgomery are legal instruments that transfer property from one person to another. Montgomery property deed attorneys prepare your deed and properly record it. They are used to transfer real property (land and houses) and there are different kinds of deeds that can be utilized, depending on your circumstances. There are four major kinds of deeds used in most cases: the General Warranty Deed, the Special Warranty Deed, the Bargain and Sale Deed, and the Quitclaim Deed. Call our which type of property deed in Alabama would work best in your situation.
The General Warranty Deed is the most common deed used in Montgomery, Alabama. A Montgomery property deed attorney can prepare this for you in Montgomery County, Alabama. This property deed allows the buyer with the most protection, requiring the Grantor to make certain guarantees. The grantor guarantees that they do own the property and have the right to transfer ownership, they guarantee that there are no encumbrances on the property unless they’re specifically stated in the deed, they guarantee that the title is good against any third parties that may try claim to the property, and they guarantee that they will execute and deliver the documents or instruments to make the title good for the buyer.
The Special Warranty Deed is a deed where the grantor only guarantees against defects in the title that may have occurred while the grantor owned the property. With a General Warranty Deed, the grantor guarantees the title is clear all the way back to the original obtaining of the property. With the Special Warranty Deed, the grantor only makes a guarantee back to the time they purchased the property. With a Special Warranty Deed, the grantor guarantees that they actually own the property and have the legal right to sell it. This kind of warranty deed is used very rarely and our Montgomery property deed lawyer can consult with you to decide if it is the best option for you.
The Bargain and Sale Deed is a deed that implies the grantor owns the land or real estate but makes no guarantee regarding the title. With this kind of deed, the buyer does not have any protection from liens. Because of this, the buyer can get in trouble down the road if title defects pop up or someone has claims. These property deeds in Montgomery are typically only used in specific situations like foreclosure or tax sales.
Property Deeds in Montgomery
The Quitclaim Deed offers little protection for the buyer. It is called a Quitclaim Deed because the grantor transfers the property to the buyer (i.e., the grantee), terminating their rights and claims to it. But unlike the other deeds it contains no covenants or guarantees. So the grantor is not guaranteeing that there are no liens and not even that they own the property. This is why they are common in divorce actions and dealings with family, since the person receiving the property is already very familiar with the property due to their relationship with the owner already.
Our local Montgomery property deed attorneys are currently charging a low flat fee to prepare your quit claim deed for you in the Montgomery County Probate Court, if that is where the property is located. Our Montgomery deed attorneys are charging $250 to prepare your quit claim deed and you record it yourself in the Probate Court. One of the main reasons you might use a Montgomery or Birmingham property deed attorney is if you are transferring property to your ex-spouse in a divorce. In this situation, the buyer is already familiar with the property since they were married to the owner.
After a deed is signed and executed, it will have to be recorded in the Probate Court of Montgomery County. The Probate Court will charge a filing or recording fee which depends on the property value of the home. Before you transfer any property, you should always consult with the local Montgomery property deed attorney that knows the local rules for preparing, executing, and recording the property deed in Montgomery County, Alabama.
Some property deeds, such as quitclaim deeds, may not sound appealing, but they are usually a quick and easy way to transfer ownership if you know the owner and there is little risk involved. Most Montgomery property deed attorneys can prepare a quitclaim deed for you. Call our Montgomery property deed lawyers to determine the type of property deed in Montgomery that is right for you.
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