An Alabama special warranty deed is a property transfer document with a contractual promise that no third-party claims to the title were made while the seller (grantor) owned the property. While similar to the general warranty deed, it differs in that it does not provide any warranties against claims made while earlier owners held the title.
Special warranty deeds are common in situations where identifying prior owners is difficult, such as commercial (business) transactions, foreclosures, and estate proceedings. Once completed, the deed must be signed by the grantor(s) and a notary (or a witness; two (2) witnesses must sign if the grantor is physically unable to sign).
- Statutes: Title 35, Chapter 4
- Formatting: No state-wide rules. Counties may have requirements for documents presented for recording.
- Signing Requirements (§ 35-4-20, § 35-4-23, § 35-4-29): Notary or one (1) witness, or if the grantee cannot physically sign, two (2) witnesses.
- Form RT-1 (Real Estate Sales Validation): Must be included with the deed when filing in Probate Court.
- Where to Record: Probate Court
- Recording Fees: Approximately $9 to $16 for the first page + $3 for each additional page