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Alabama Deed of Trust Form

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An Alabama deed of trust transfers the legal title to a property to an independent third party known as the “trustee”. The trustee holds onto the title until the borrower (grantor) satisfies their debt obligation to the lender. Should the borrower default on the loan, the trustee can conduct a non-judicial foreclosure, which is a process in which they can sell the property without involvement from a court. A title company often acts as the trustee, although the parties can select any person or company for the role.

  • Statutes: §§ 35-10-11 to 35-10-16
  • Signing requirements (§ 35-4-20): The borrower (grantor) needs to have their signature notarized OR attested by one (1) witness. If they are unable to sign themselves, the deed must be attested by two (2) witnesses.
  • Where to record: The deed needs be brought to the local probate judge for recording once it has been completed and signed in accordance with the requirements established above.