Statutory Warranty Deed (Special Warranty) - Alabama

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 (Recitation required for recording per Ala. Code § 35-4-73):
Complete this block for each individual Grantor.
☐ A single person
☐ A married person (spouse joining below — required if this property is the marital homestead; see Ala. Code § 6-10-3)
☐ 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 (confirm county recording requirements):
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: Under Ala. Code § 35-4-271, the granting words imply a covenant that Grantor holds an indefeasible fee-simple estate, plus covenants against encumbrances made or suffered by Grantor and for quiet enjoyment against Grantor. The express defense-of-title covenant above is limited to claims by, through, or under Grantor. It does not promise to defend against other persons' claims, but that limit does not erase the statutory seisin covenant.

Section 3.3 Statutory References

This conveyance is made pursuant to:

• Ala. Code § 35-4-1 et seq. (Who may convey lands by deed)
• Ala. Code § 35-4-20 (Execution; attestation by witnesses)
• Ala. Code § 35-4-23 (Acknowledgment operates as compliance with witness requirement)
• Ala. Code § 35-4-50 et seq. (Recordation in the office of the Judge of Probate)
• Ala. Code § 35-4-73 (Recitation of marital status of grantor required for recording)
• Ala. Code § 6-10-3 (Homestead — joinder/assent of non-titled spouse required)
• 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

☐ Department of Revenue value or purchase-price attestation form attached, if required under Ala. Code § 40-22-1(c)

Unless an exception in § 40-22-1(c) applies, the person presenting the deed for recording supplies proof of the actual purchase price if the property was sold, or actual value if it was not sold, using the Department of Revenue form. If proof is missing, the probate judge uses the most recent assessed value; § 40-22-1(h) provides a penalty for intentional failure after a specific request or for false proof.

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 (required if property is the marital homestead — see Ala. Code § 6-10-3; spouse must also be separately acknowledged, below):

_____________________________________________ (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 _________________________, whose name as _________________________ [title] of _________________________ [entity name] is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she, with full authority, executed the same voluntarily as the act 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

Use this certificate only if it complies with the law of the place of execution and bears the official seal required by Ala. Code § 35-4-26(b).

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]

Section 7.4 Alabama Acknowledgment (Homestead Spouse, If Applicable)

STATE OF ALABAMA
COUNTY OF _________________

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that _________________________, spouse of the Grantor, whose name is signed to the foregoing conveyance and who is known to me, was examined before me and, being informed of its contents, acknowledged that he/she voluntarily signed and assented to the conveyance.

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

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

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

Confirm the current fee schedule with the probate office of the recording county.

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

Example: A $200,000 conveyance with no qualifying mortgage or vendor's lien and no exemption yields $200.00 in tax. Section 40-22-1(c) excludes from taxable value the amount of a qualifying mortgage or vendor's lien on which mortgage tax has been paid.

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

Unless a § 40-22-1(c) exception applies, the person presenting an instrument for recording supplies proof of the actual purchase price if sold, or actual value if not sold. The Department of Revenue form attests to that figure. Without proof, § 40-22-1(d) directs the probate judge to use the most recent assessed value; the penalty in subsection (h) requires intentional failure after a specific request or false proof.

Important Alabama Notes

1. Marital Status Required: Each individual grantor must state marital status for the deed to be accepted for recording (Ala. Code § 35-4-73). If a married Grantor conveys that Grantor's homestead, Ala. Code § 6-10-3 requires the spouse's voluntary signature and assent, shown by examination and the acknowledging officer's certificate.

2. Derivation Clause: Include how Grantor acquired title and confirm the recording county's requirements; Houston County requires a derivation clause.

3. Value Attestation: The Department of Revenue form is required for instruments within § 40-22-1(c), subject to that subsection's exceptions.

4. Statutory Warranty: Section 35-4-271 supplies a fee-simple seisin covenant and limits the implied encumbrance and quiet-enjoyment covenants as stated above; the express defense-of-title covenant is limited to claims by, through, or under Grantor.

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.