Statutory Warranty Deed (Special Warranty)

STATUTORY WARRANTY DEED

(Alabama's Form of Special Warranty Deed)

State of Alabama

Prepared By:
_____________________________________________
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number:
_____________________________________________

SPACE ABOVE THIS LINE FOR JUDGE OF PROBATE'S USE

DOCUMENT INFORMATION

STATUTORY WARRANTY DEED

STATE OF ALABAMA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

This Statutory Warranty Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Marital Status (Required per Ala. Code § 6-10-3):
☐ A single person
☐ A married person (spouse joining below)
☐ Husband and wife
☐ A widow/widower
☐ An unmarried person
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTOR"

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting:
☐ A single person
☐ A married person
☐ Husband and wife, as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

WITNESSETH: That the GRANTOR, for and in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL AND CONVEY unto the said GRANTEE, and GRANTEE's heirs and assigns forever, the following described real property situated in _________________ County, State of Alabama, to-wit:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Derivation of Title (Required):
Being the same property conveyed to GRANTOR by _________________________ [prior grantor] by deed dated _________________, recorded in ☐ Deed Book _______ at Page _______ ☐ Instrument No. _________________ in the Office of the Judge of Probate of _________________ County, Alabama.

Property Address: _____________________________________________

Parcel Identification Number: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Statutory Warranty

TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and all the estate, right, title, interest, and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use, benefit, and behoof of the GRANTEE, GRANTEE's heirs and assigns forever in fee simple.

And the GRANTOR, for GRANTOR and GRANTOR's heirs, executors, and administrators, does covenant with the GRANTEE, GRANTEE's heirs and assigns, that the GRANTOR is seized of said premises in fee simple; that GRANTOR has good right to sell and convey the same; that the same are free from all encumbrances made or suffered by the GRANTOR; and that GRANTOR WILL WARRANT AND DEFEND the title to the same unto the said GRANTEE, GRANTEE's heirs and assigns, against the lawful claims of all persons claiming by, through, or under the GRANTOR, but none other.

Section 3.2 Limitation of Warranty

NOTICE: This is an ALABAMA STATUTORY WARRANTY DEED, which provides LIMITED warranties similar to a special warranty deed. The warranties are LIMITED to claims arising from Grantor's acts. This deed does NOT warrant against:

• Defects in title existing prior to GRANTOR's ownership
• Liens or encumbrances NOT created by GRANTOR
• Claims of persons NOT claiming by, through, or under GRANTOR

Section 3.3 Statutory References

This conveyance is made pursuant to:

• Ala. Code § 35-4-1 et seq. (Conveyances)
• Ala. Code § 35-4-20 et seq. (Recording)
• Ala. Code § 35-4-58 (Witnessing requirements)
• Ala. Code § 6-10-3 (Marital status requirement)
• Ala. Code § 40-22-1 (Recordation tax/transfer tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Ad valorem taxes for the year 20_____ and subsequent years;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All restrictions, covenants, conditions, easements, rights-of-way, and reservations of record;

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TRANSFER TAX (RECORDATION TAX)

Section 5.1 Alabama Recordation Tax (Ala. Code § 40-22-1)

Transfer Tax Rate: $0.50 per $500 of value (or fraction thereof)
Effective Rate: 0.1% or $1.00 per $1,000

Consideration/Value: $_____________________

Recordation Tax Due: $_____________________

Section 5.2 Real Estate Validation Form

☐ Real Estate Validation Form attached (required per Ala. Code § 40-22-1 effective August 1, 2012)

The buyer must prove actual purchase price or file Real Estate Validation Form showing:

• Total Purchase Price, OR
• Actual Value, OR
• Assessor's Market Value

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR's hand and seal this _____ day of _________________, 20_____.

GRANTOR(S):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

SPOUSE (if applicable - releasing any interest):

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Alabama Acknowledgment (Individual)

STATE OF ALABAMA
COUNTY OF _________________

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that _________________________, whose name(s) is/are signed to the foregoing conveyance, and who is/are known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she/they executed the same voluntarily on the day the same bears date.

GIVEN under my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Alabama Acknowledgment (Entity)

STATE OF ALABAMA
COUNTY OF _________________

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that _________________________, who is known to me as the _________________________ [title] of _________________________ [entity name], and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she executed the same voluntarily as the act and deed of said entity on the day the same bears date.

GIVEN under my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, the undersigned authority, hereby certify that _________________________, whose name(s) is/are signed to the foregoing conveyance, and who is/are known to me (or proved to me on the basis of satisfactory evidence), acknowledged before me on this day that he/she/they executed the same voluntarily.

GIVEN under my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Alabama:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number: _____________________________________________

ALABAMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Example (Jefferson County):

• $16.00 first page + $3.00 each additional page

Alabama Transfer Tax (Recordation Tax) (Ala. Code § 40-22-1)

Example: $200,000 property = $200.00 recordation tax

Mortgage Tax (for reference)

Transfer Tax Exemptions (Ala. Code § 40-22-1)

• Transfers of mortgages on which Alabama mortgage tax has been paid
• Deeds executed for nominal consideration for perfecting title
• Re-recording of corrected deeds or mortgages
• Deeds and instruments executed before October 1, 1923

Real Estate Validation Form

Since August 1, 2012, buyers must prove actual purchase price when recording. The Real Estate Validation Form shows:

• Total Purchase Price
• Actual Value
• Assessor's Market Value

Important Alabama Notes

1. Marital Status Required: All individual grantors must state marital status (Ala. Code § 6-10-3).

2. Derivation Clause: Must show how Grantor acquired title.

3. Real Estate Validation Form: Required since 2012 for all deed recordings.

4. Statutory Warranty: Alabama's statutory warranty deed provides limited (special) warranty.

5. Title Insurance: Grantees should consider obtaining title insurance.

6. Legal Counsel: Consultation with a licensed Alabama attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Alabama State Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Alabama attorney before using this form.