The police report said she was changing lanes and hit my car, ran my off the road. I’m in pain due to rheumatoid arthritis and plates and screws previously in both wrists. I live in Florence Al, the wreck occurred in Starkville Ms. Do I contact her insurance or what?
You should contact a personal injury attorney immediately. Do not speak with an adjuster or insurance company until you have spoken with an attorney and received legal counsel. Based on the few facts that you report, it appears that the other driver is at fault. Any time there are significant...Read more »
Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it...Read more »
This is a great question. While you may attempt to draft a deed yourself it is certainly not recommended. The language must be very specific to achieve your goal of adding survivorship rights. You should contact a real estate closing attorney who can draft a deed that will accomplish your goal.
It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory...Read more »
Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.
How does the process work for the one who stays and the one who leaves?... Read more »
You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their...Read more »
The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?
You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an...Read more »
You should contact a local attorney who can help you evaluate any defenses that you may have. An ejectment is similar to an eviction in that the landowner is trying to regain possession of his or her land. In Alabama, you generally have 30 days to answer a complaint the date of service. You...Read more »
State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is... Read more »
Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give...Read more »
Partition or Sale for Division is a cause of action under Alabama Law. To accomplish a partition of real property, a lawsuit will need to be drafted and filed with the appropriate probate or circuit court. Such actions can be very complicated and having an attorney is highly recommended.
yes. Have a will, and in article 3 of the will it gives my brother the title of personal representatives for the estate. It also say that he is free from the control and supervision of the courts to make the decision on the estate. Now the title company says we need to file a sale of division... Read more »
The title company may be correct. If the property did not move through probate and the title documents were not handled correctly it is possible that multiple people hold fractional ownership interests. If there is a will or other document that has the power to transfer title or create a form of...Read more »
I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »
You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and...Read more »
You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.
Generally, the landowner of real estate may bring a claim of ejectment against an individual living on the property without a lease. If the owner of the real estate and the resident have a written lease, then an action for eviction or unlawful detainer would likely be proper. You may find it...Read more »
The specific language of the contract may allow cancellation on certain terms. The common law may also allow cancellation based on certain breaches or conduct of the parties. However, the analysis is very fact-driven. It depends on the contract and the specific dispute between the parties. You...Read more »
You may be considered a bone fide purchaser for value. However, whether you actually obtained title to the property or not is likely dependent on what you knew about the property and what documents were recorded in the probate records. I highly recommend that you contact a real estate attorney that...Read more »
I am so sorry for your loss. You most likely need to go see a probate attorney who can help you with your husband's estate. It is especially important to complete the probate process where real property is involved in order to avoid issues with title later down the road. I would be happy to...Read more »
Generally, a contract will control the relationship between the parties unless modified. There are multiple ways to modify a contract under Alabama Law. The language of your executed agreement may have an effect on what methods are available to modify the agreement. In order to fully understand...Read more »
Any time you are starting a business or entering into a significant transaction it is wise to work with an attorney. The articles you mention are relevant to L.L.C.s that perform professional services and "series" L.L.C.s. These provisions may apply depending on whether you have formed an...Read more »
I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?
Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be...Read more »
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