Alabama Real Estate Law Questions & Answers

Q: Can I re-finance my home if someone has filed a property lien against it?

1 Answer | Asked in Real Estate Law for Alabama on Sep 11, 2014

Answered on Sep 11, 2014

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Mr. James Parrish Coleman's answer
The lien will have to be satisfied or otherwise dealt with. The lender will decide, but will require that the new note on the house will come before any liens.

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Q: If I have paid the taxes, Insurance and maintained the property of my parents for the last 30 years do I have any rights

1 Answer | Asked in Real Estate Law for Alabama on Aug 1, 2014

Answered on Aug 2, 2014

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William E. Scully Jr.'s answer
No, it's not that easy. There are limited circumstances where paying the taxes can get you title by adverse possession, but there are a lot of additional conditions that must be met before you can get title in this way. Sounds like your folks are still living in the house. If so, it's pretty much impossible for you to get title by adverse possession since you aren't actually in possession...they are! If your parents want to leave the property to you they can do so in their wills.

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Q: what is a quick claim deed in the state of Alabama? Does it mean that when I sale my house all the money is mine?

1 Answer | Asked in Real Estate Law for Alabama on Jun 12, 2014

Answered on Jun 14, 2014

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William E. Scully Jr.'s answer
WARNING: There are a lot of shysters going around using this quitclaim deed thing as a way of trying to make money on other people's hard times. Here's what they do: They know you need to get out of the house but haven't been able to sell it. They offer you some cash and tell you that they will take care of the mortgage, all you need to do is quitclaim the property over to them. You sign the deed...but little else is in writing, and what's there is very shady. They then turn around and...

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Q: Can I put a mortgage on a commercial building that someone is leasing to own from me?

1 Answer | Asked in Real Estate Law for Alabama on Jun 13, 2014

Answered on Jun 14, 2014

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William E. Scully Jr.'s answer
Depends on the terms of your 'lease to own' arrangement. Do you have something in writing? If you have a writing, is it recorded? If it's recorded then the lender might not loan you money. You also need to pay attention to the mortgage application and agreement you might be assuring the lender that you are in possession of the property. Generally, though, as long as you can deliver title, free and clear of the mortgage, when the lessee is entitled to it, then mortgaging the property isn't...

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Q: Do I own the church because I signed as a trustee of the church on the warranty deed before the church was incorporated.

1 Answer | Asked in Real Estate Law for Alabama on May 26, 2014

Answered on May 28, 2014

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William E. Scully Jr.'s answer
Seems like I already answered this question. No. You do not own the church. First of all, Alabama has something called an Unincorporated Nonprofit Association. You can look it up: Alabama Code Section 10A-17-1.01 to 10A-17-1.18. Your church probably qualifies as one of these, and the actions you take as a member of the governing body of your church, you take on behalf of the church...not yourself. Now, what you are saying doesn't really make sense. When somebody buys property, even when...

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Q: I have a poa for my father. I put his property in my name with a bill of sale that he wrote, after he died and used both

1 Answer | Asked in Real Estate Law for Alabama on Mar 11, 2014

Answered on Mar 26, 2014

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William E. Scully Jr.'s answer
Sounds like you have a huge mess on your hands. There are huge issues at stake here. Hopefully the attorney that you consulted with can help you, and you certainly should contact him. First of all, there is no such thing as a 'bill of sale' for real estate. You might mean a deed, but your use of that terminology makes me nervous. Second, it is possible that you should have opened an estate for your father upon his death...you see, your authority to use the power of attorney STOPED when...

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