Cherokee County Quitclaim Deed (Corrective) Form

Most deeds have to describe land. This one also has to describe a document. The Alabama Quitclaim Deed (Corrective) is drafted for an individual grantor who signed a deed already sitting in an Alabama probate record with one thing wrong in it, and its third section pins that earlier instrument down by the parties it named, its date, and its recording reference. What follows is a release to the same grantee, with no covenant of title.

Two entries that have to be read together

Sections 4 and 5 work as a pair: the first takes the matter as the recorded deed actually carries it, the second takes that same matter as corrected. Section 6 then holds the corrected legal description in full, and the operative section makes it controlling, so it governs over a conflicting description in the deed being corrected.

A correction Alabama has no correction statute for

Research for this form read Title 35, Chapter 4 of the Code of Alabama 1975 through its recording and reformation provisions and located no statute authorizing, naming, or prescribing a corrective deed, and no scrivener's error affidavit statute. A corrective deed here is an ordinary conveyance, executed and recorded under Alabama's general conveyance statutes. What the Code supplies instead is a courthouse route: Ala. Code Section 35-4-153 lets a court revise a conveyance that fraud or mutual mistake left short of the parties' intention, insofar as that can be done without prejudice to rights acquired by third persons in good faith and for value. A deed the original grantor signs avoids the courthouse, and that limit on third-party rights marks where the two routes part.

The tax paragraph written for corrections

Ala. Code Section 40-22-1(a) keeps an instrument off the record until the privilege tax is paid, and subsection (c) measures it against the value of the interest conveyed. Subsection (b) lists what carries none, and two of its paragraphs speak to this instrument: (b)(2) reaches deeds executed for a nominal consideration for the purpose of perfecting the title to real estate, and (b)(3) reaches the re-recordation of corrected deeds executed for that same perfecting purpose. Section 8 takes the consideration; how a probate office applies either paragraph, alongside the sales value information Alabama gathers on Form RT-1, is a county counter question.

Configured for one grantor and one recorded deed

Section 1 takes the grantor's name, address, and the marital status Ala. Code Section 35-4-73 makes a condition of acceptance for record. Section 2 takes the grantee who took under the earlier deed. Section 10 carries one signature line, and one certificate closes the instrument, its substance drawn from the individual form of Ala. Code Section 35-4-29. A recorded deed pointing at a plat without the plat book and page Ala. Code Section 35-4-74 contemplates, a transposed lot or block number, and a misspelled party name are the error patterns this form is drafted around. It is not set up for two grantors, an entity grantor, a representative signer, or a correction swapping in a different grantee. Capitalized text on the face of the deed adds that it conveys no interest the grantor does not hold and divests no interest vested in a nonparty, and that under Ala. Code Section 6-10-3 a married person's homestead conveyance meets a spouse assent condition this single-signature configuration does not carry.

Release words, and a return to the same office

The operative sentence remises, releases, quitclaims, and conveys, leaving out grant, bargain, and sell, which Ala. Code Section 35-4-271 turns into express covenants in a fee conveyance; the deed says plainly that none arises. It returns to the probate office holding the corrected deed, so both instruments sit in one chain and one index, and until recorded Ala. Code Section 35-4-90 leaves it void against a later purchaser, mortgagee, or judgment creditor without notice. Intake content is built in, down to the preparer endorsement Sections 35-4-110 and 35-4-113 require.

Shoppers reach this Alabama quitclaim deed as a correction deed, a quit claim deed, or a quick claim deed. Three files download: the blank fillable PDF, a completed example worked through a Houston County plat reference correction, and a guide covering every entry and the certificate. These pages describe Alabama law generally and are not legal advice; an Alabama attorney can weigh them against one recorded deed and one error.