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Alabama Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: A mortgage to secure option in Alabama?

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?

William Vann Burkett
William Vann Burkett answered on May 11, 2021

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 »

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Alabama on
Q: Why my AL DL says FN? My previous ones used to be normal. Have Permanent Residence card for 30+ years.

2009 Alabama Code

Title 32 — MOTOR VEHICLES AND TRAFFIC.

Chapter 6 — LICENSES AND REGISTRATION.

Section 32-6-10.1 Foreign national Alabama driver's license /non-driver identification card/vessel license.

Section 32-6-10.1

Foreign national Alabama... Read more »

Kevin L Dixler
Kevin L Dixler answered on May 6, 2021

Because the current elected officials of the State of Alabama likely have some misperceptions about immigrants and want to label you.

If you don’t like the label, complain to your ‘State’ representative and Senator. What it is doing ‘may’ be against Federal law in that it may...
Read more »

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2 Answers | Asked in Child Custody, Family Law and Juvenile Law for Alabama on
Q: Daughter is 16 and pregnant by her 17yr old boyfriend. His parents are threatening to take the child away from her.

His parents are threatening to take the baby away from her (when the baby is born) if she stops seeing him. He is verbally and emotionally abusive towards her, has exhibited controlling behaviors towards her. She believes they can do this based on what they told her a police friend told them they... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on May 4, 2021

If you wish to discuss this matter off line please feel free to contact me. This type of adult on child abuse makes me very angry and I would rather not air my feelings on this subject here as some may find it offensive. To start with the ages, depending on the birth dates involved, do not... Read more »

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1 Answer | Asked in Child Custody for Alabama on
Q: I have a 24yr old daughter where I owe arrears, there have been periods where I honored my child support orders but when

I didnt honor them I was incarcerated, in fact I was in prison when I received the order for child support. Unfortunately, I've been to prison 3 different times while she was a minor making it impossible to make payments. I have recently found a job but I'm being garnished because of the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 3, 2021

Your problem is this, past due child support payments are final judgements each month they remain unpaid. A court does not have the power relieve you of that. You may be able to get relief from some of the interest due, but the fact that you didn't pay while in prison does not help. You can... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you have co owners to a property and one has not been seen in 15 years can you have them forfeit it?

My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »

Amanda B Cook
Amanda B Cook answered on Apr 30, 2021

There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: Can my immigrant wife wife use a Job offer (contract), instead of using a cosponsor for income?

We received, Request for Evidence (Form I-485) from USCIS (issues with Cosponsor).

However, my wife was just offered a job, making over $100,000 a year plus signing Bonus, contract ready to be signed.

But my wife has not received an 'Authorization for Employment' approval... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 28, 2021

No. The sponsor must show sufficient current income.

1 Answer | Asked in Immigration Law for Alabama on
Q: Will an immigration attorney work on a contingency basis?

We received, Request for Evidence (Form I-485) from USCIS.

My wife was just offered a job, making over $100,000 a year including signing bonus, contract ready to be signed.

But does not have an Authorization for Employment' approval.

My wife is very worried.

Any... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2021

A contingency fee agreement is a form of billing that allows for an attorney to be paid a percentage of the damages awarded at the end of the case instead of an hourly rate. In contingency arrangements, the attorney agrees to take on the case without charging their regular hourly fees. This is... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Alabama on
Q: Will my child be required to testify in court in a sexual abuse case he is 4. He did an interview with dhr.
Travis T Juneau
Travis T Juneau answered on Apr 26, 2021

Children under 12 do not have to testify in sexual offense criminal cases see Section 15-25-31 of the Code or Alabama. It says "An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving... Read more »

1 Answer | Asked in Traffic Tickets for Alabama on
Q: If a trooper gave you a speeding ticket for 78 in 45 but the speed limit is 55 could it get thrown out?
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 15, 2021

If you go to trial, the prosecutor has to prove that you are guilty of speeding beyond a reasonable doubt. If the prosecutor can show beyond a reasonable doubt that you were going at least 56 mph, then it does not matter whether the limit is 45 or 55, you are speeding. That said, a savvy traffic... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: judge dismiss case before virtual hearing today. can i appeal this decision.

the decision was done at 10:03 am 3-29-2021. my hearing was for 3-29-2021 at 10:15am. for some reason at 10:11 am I could not get through to the virtual hearing with my meeting ID#. I tried several times. Please let me know if I can appeal this decision. I wasn't given a chance to defend my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 13, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys to review the matter. As a GENERAL matter in most jurisdictions, an attorney would want to know whether the... Read more »

1 Answer | Asked in Probate for Alabama on
Q: How do I get legal documents proving to the Morgage company I am the rightful Heir to a property I currently reside in?
Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2021

Hire a competent attorney to determine heirship. He then drafts an Affidavit of Heirship to be placed of record as your (and other heirs') source of title. Send a certified copy of the recorded Affidavit to the Mortgagee.

2 Answers | Asked in Estate Planning for Alabama on
Q: Does a POA have to be signed to be valid? We signed the assignment section & notarized but didn't sign back page.

My brother has ALS. He cannot sign the POA back page. He signed the 1st page in 2019. It was notarized and we just simply skipped right over the back page signature. Is it valid?

Nina Whitehurst
Nina Whitehurst answered on Apr 6, 2021

It is difficult to answer this question without seeing the instrument itself, but as a general rule an in signed POA is not valid. If your brother still has mental capacity, however, he can “sign” a new one using a legal process whereby he authorizes and directs someone else to sign for him. An... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Libel & Slander for Alabama on
Q: What can be done about a liable or slanderous statement involving a crime and the welfare of children?
Tim Akpinar
Tim Akpinar answered on Apr 4, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. You could reach out to attorneys in your area who handle defamation cases. As a GENERAL matter, these types of cases are not usually handled on a contingency basis like a car accident - which means that regardless of... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: what can i do if someone adds their name to my property deed.?

someone has added their name to property that I own. I have no idea who the person and since adding his name he has died.

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: We want to purchase the lot of land beside us, but the deed is in a deceased person's name, the heir of the deceased

The heir of the deceased is also deceased, the 2nd deceased heirs said that we could purchase the land with an Heirs Deed, what is an Heirs Deed and is it guaranteed, what should be our worries

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.

1 Answer | Asked in Car Accidents for Alabama on
Q: I backed into a parked car in a parking lot. I told the owner and gave him my insurance info but didnt get his insurance

And no police report was made. Im not sure if the other person has insurance or not. The only damge was a broken tailight cover on his car. He said he got an estimate on the damage and asked me who he needed to contact. I told him my insurance company. I also texted him and asked him who he has... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2021

An Alabama attorney could advise best, but your question remains open for a week. Until you are able to discuss meaningfully with a local attorney, the next thing that happens would probably be your insurance carrier contacting you to verify the other driver's claim. If the other driver was... Read more »

1 Answer | Asked in Personal Injury for Alabama on
Q: I have a case of fall that is already in court . by falling inside a commercial premises

I have a case of fall that is already in court inside. I rented the place and signed 1 contract but because I did not have social security the owner of the commercial property told me to look for another person with ssn , she made another contract in the name of the other person and the licenses... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 19, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. One option is to check with another attorney - but they would likely want to know why the first attorney withdrew from the case. There are a number details here that raise additional questions, as to whether this was a... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: need help on finding out the lawyer that my deceased mother had when the house was sign over too her

please help

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2021

Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

1 Answer | Asked in Immigration Law for Alabama on
Q: What happens if I divorce my husband, without my green card being issued?

I came to the US on a tourist visa and wanted to stay here for a few weeks to visit my boyfriend, before my visa expired we got married because we never wanted to spend a day without each other again. We filed the paperwork and it came back because we did not know that we had to include about... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Mar 11, 2021

You may qualify to file on your own. I suggest you consult with an experienced immigration attorney.

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