Updated on June 25th, 2022
An Alabama special warranty deed, called a “statutory 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.
Statutory warranty deeds are common in situations where identifying prior owners is difficult, such as commercial (business) transactions, foreclosures, and estate proceedings. In transactions such as these where unexpected issues may occur, the deed provides grantors immunity against liability with regard to encumbrances caused from previous owners.
- 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 acknowledgment or signed before subscribing witness (two (2) witnesses required if the grantor is unable to physically sign).
- Where to Record: Probate Court
- Recording Fees: Approximately $9 to $16 for the first page + $3 for each additional page.
- Real Estate Sales Validation (Form RT-1): Must be included with the deed when filing in Probate Court.