Legal Question in Real Estate Law in Alabama

Re: land

The first thing that needs to happen is your grandmother needs to get a partial release from her mortgage for the portion of the property she wants to deed to you. She should contact her mortgage company to find out what their procedure for this is. Most likely, they will require her to get a survey done. Even if they don't, you should strongly consider getting one done so that the legal description you use for the property she is conveying to you is correct.

Once she's gotten the release from the mortgage company, you should go to an attorney, have a warranty deed prepared conveying the property to you, then record both the partial release and deed. You should also consider having a title search done and purchasing owner's title insurance for your protection, even though you are getting this property from your grandmother. Good luck!

Re: land

Some ways to transfer title to real property are better than others. One of my least favorite ways is a quitclaim deed; however, it is usually a simple first step. PLEASE NOTE: 1) make sure the mortgage company that holds the note will not accelerate the mortgage once your mother transfers a partial interest, and 2) make sure you pay your mother adequate consideration (look up consideration and understand it) for the property in a documented transaction.

QUITCLAIM DEED - A deed that transfers the owner's interest to a buyer but does not guarantee that there are no other claims against the property.

By the laws of Alabama, it is common practice there for the owner of land to execute a quit claim deed to a purchaser who has neither possession nor pretence of claim, and as by the laws of that state the delivery of the deed amounts to the delivery of possession, this operates as a conveyance without warranty! It is, however, essential that the land should not, at the time of the conveyance, be in the possession of a stranger, holding adversely to the title of the grantor.

Instructions

�STEP 1: Consider buying a book that explains quitclaim deeds and other legal documents and that contains blank forms. If the book contains a sample quitclaim deed, review it, making sure you can get the information that appears in the sample.

�STEP 2: Obtain the required information, such as a legal description of the property.

�STEP 3: Buy a blank quitclaim deed form at an office-supply store or bookstore.

�STEP 4: Fill out the blank form. Make sure your writing is legible. Avoid spelling errors and factual errors. Erroneous data can invalidate a deed.

�STEP 5: Add someone to the title by listing the person as a grantee. Remember to list the names of all current owners as grantees as well, unless you are planning to remove them from the title.

�STEP 6: Remove someone from the title by omitting the person's name from the list of grantees.

�STEP 7: List all current owners of the property as grantors.

�STEP 8: Arrange to meet the grantors at the office of a notary public, where you will obtain the signatures of the grantors. The notary public must witness the signing.

�STEP 9: Have the document notarized and make photocopies for your files.

�STEP 10: Go to your county's clerk and recorder's office and record the deed. There will be a small charge for recording the quitclaim deed.

Tips & Warnings

�Most banks provide notary-public services.

�A quitclaim deed is not a guarantee that the seller of the property has clear title. The buyer should do a title search to ensure there are no problems with the title.

�If you aren't sure you have done the form correctly, ask a real-estate lawyer to review it for you.

�It is always recommended that you hire a lawyer when dealing with real property transactions.

Good Luck, [email protected]