Can I draft my own Deed?

[Gregory Stanley]

In Alabama the law is practiced by whoever, in a representative capacity appears as an advocate or draws papers, pleadings, or documents for another. See Alabama Code §34-3-6(b)(1).  That applies to any legal papers such as wills, deeds, contracts, or any legal documents for anyone else including a company you own.  There is a reason Alabama deeds require the "Deed prepared by" block. But does this really apply to quit claim deeds?

 Alabama Supreme Court decision "Coffee County Abstract & Title Co v. State ex rel Norwood" held "filling out blanks of deeds" is indistinguishable from "drawing or preparing" deeds and the title company was breaking the law.  It went on to hold others guilty for  giving an opinion regarding the effect of the manner of taking title (That means advising someone what a quit claim conveys as opposed to a warranty deed.)

So, can you draft your own deed? Yes, non attorneys can draft their own deeds for their own sales, as long as the deed is not held by a company such as an LLC. But only attorneys can even fill in the blanks of a template deed for anyone other than themselves without breaking the law. But why would you trust someone to draft your deed that isn't a licensed, insured attorney with an office where you can find them if something does go wrong? For me, even if the seller is an attorney, I wouldn't let them draft any conveyance to me or even hold my deed until its been recorded and assessed. But then again, I may take risks, but I never gamble against the house.