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Questions Answered by Samuel G McKerall
2 Answers | Asked in Real Estate Law for Alabama on
Q: Can husband sell a house without his wife signature. Both names are on the house deed. The house is not homestead.

Thank you

Samuel G McKerall
Samuel G McKerall
answered on Sep 22, 2017

No, he can't. Both signatures will be required to convey title to the new owner.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer....
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1 Answer | Asked in Civil Litigation for Alabama on
Q: hi, if i dont have rent a centers items when they come collect will i he arrested?
Samuel G McKerall
Samuel G McKerall
answered on Sep 18, 2017

Not right then, although you may be arrested later, depending on the reason you don't have the items.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: There are 3 acres of land near my property that I want to buy. The person selling the property will sell it to me

but can not give me a clear title to the property. The current owner does not know if there are other people that could contest the buy. Can I legally own the property if I advertise it in the newspaper that I have purchased it and if is any that contest it should do so? Also is there a specific... View More

Samuel G McKerall
Samuel G McKerall
answered on Sep 17, 2017

You can't do it quite that way, but you can do something like it. It involves buying something called title insurance. Go to a local title company and tell them that you are purchasing the property and want to have title insurance. They will research the title and give you a written title... View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: We have offered my wife's uncle's will for probate. He had 2 parcels, one with house on it and other directly behind

first parcel. !st parcel is specified to go to grandson, 2nd is not mentioned. Knowing Neal, he probably didn't think about it as separate. The residuary goes to his son. We think Neal intended it to go to his grandson along with the 1st parcel. How can we get a definite ruling on this before... View More

Samuel G McKerall
Samuel G McKerall
answered on Sep 15, 2017

I wouldn't be drafting any deeds like that just yet, if I were you.

The will says what it says and the court is not going to be interested in what you think your wife's uncle probably didn't think.

If you've filed the will for Probate the Probate Court has...
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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: My husband's grandmother passed He was willed her home. It says he can only sale to relatives is that true
Samuel G McKerall
Samuel G McKerall
answered on Sep 9, 2017

The answer to your question is: "Probably". It depends on the exact language in the will. Take it to a competent lawyer near you for a definitive opinion.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: my grandmother has passed in my uncle's name is the only one of what am I supposed to do or what legal matters do I have
Samuel G McKerall
Samuel G McKerall
answered on Aug 26, 2017

Wow. Riddle me this, right? You don't give a person a lot to go on, do you?

You need a lawyer. Here's why:

If your grandmother left a will, her will will determine who gets what and who's in charge of the handling of her estate. Most people need a lawyer to help...
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1 Answer | Asked in Criminal Law for Alabama on
Q: My 16 year old daughter is 11 weeks pregnant by a 23 year old man in Alabama. I'm here for her. Is this a crime?
Samuel G McKerall
Samuel G McKerall
answered on Aug 24, 2017

It depends on her birth date. The age of consent in Alabama is 16. If she was 16 when she was impregnated, its not a crime in Alabama. If she was 15, it is.

If she was taken across a state line for the purposes of having sex in a different state it may be a federal crime. Not likely,...
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1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: What can I do if someone was charged with Domestic violence 3rd but never caused any harm.

The woman had another man in their home. Which both of their names are on the lease to live there. He came home to another man in his bedroom. But was charged with dv the 3rd for telling the guy to get out his home. Nobody was hurt. No weapon was involved. No paper was given to me or anything.

Samuel G McKerall
Samuel G McKerall
answered on Aug 20, 2017

This question cannot be meaningfully answered because of insufficient information. You state that the the defendant was charged with domestic violence 3rd for telling the guy to get out of his home.

The following is Alabama's law defining domestic violence in the 3rd degree:...
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1 Answer | Asked in Criminal Law for Alabama on
Q: I received a rriva hearing court date from etowah county Alabama dating back 16 years ago. Can this be upheld

I am certain anything I would owe I paid however that will be hard to produce proof bring it was 16 years ago what can I do to rectify this

Samuel G McKerall
Samuel G McKerall
answered on Aug 19, 2017

You will be much more likely to get an answer if you stop using what you apparently think is insider legal jargon and type in plain English what you mean by "an 'rriva' hearing".

1 Answer | Asked in Real Estate Law for Alabama on
Q: My dad owns land in Alabama that is solely in his name. Can he add my name to the deed without his wife's permission?

He owned the property many years prior to meeting his current wife of 5 years

Samuel G McKerall
Samuel G McKerall
answered on Aug 19, 2017

Yes.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: How long does my mortgage servicer have to apply reinstatement payment to my account?

My husband and I were in foreclosure and paid the full reinstatement amount on 7/31/17, in certified funds, in person to the trustee. The trustee confirmed Ditech (servicer) received the payment on 8/1/17. As of today, 8/13/17 the funds haven't been applied to our account. We have been told... View More

Samuel G McKerall
Samuel G McKerall
answered on Aug 13, 2017

This is really outrageous. Ditech has one of the worst reputations of any mortgage servicer, for things like this. A good lawyer can help you but not many lawyers handle this type of case, and you're going to have to dig to find one who does. Ask every lawyer who turns you down to refer you... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a real estate broker, who is also a Notary, close a loan for a title attorney?
Samuel G McKerall
Samuel G McKerall
answered on Aug 12, 2017

Yes, and so can a high school graduate, a holder of a GED or, get ready for it ..... a high school dropout. You will find all of these people busily closing loans, all day long, all across America.

1 Answer | Asked in Real Estate Law for Alabama on
Q: We had a mechanics lien filed against us in Alabama. The 6 month period lapsed. How do we remove the lien?

We believe the lien was filed as a pressuring tactic when we refused to make a final payment and instead asked to meet with the contractor and display evidence of incomplete work and work never started. It was filed using a RocketLawyer document and never prosecuted.

Samuel G McKerall
Samuel G McKerall
answered on Aug 11, 2017

It is the law that once six months passes without suit being filed after the debt matures the lien is said to not have been "perfected" as required by law, and so at that point the lien is no longer effective. The specific statute of limitations on the matter is Section 35-11-221 Code of... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: if my dates on my discovery are wrong shouldn't they dismiss my case
Samuel G McKerall
Samuel G McKerall
answered on Aug 6, 2017

Probably not, unless the correct dates would prove that the applicable statute of limitations bars prosecution for whatever criminal activity is alleged to have occurred.

Surely you are not making the mistake of trying to represent yourself in a criminal case. If you don't have a...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: Am I responsible for paying utilities for a house that I do not live in, but I own by deed?

Hello, my ex-fiancé and I own a home together in Alabama. His name is on the mortgage of the home, and both his name and my name are on the deed. He is pressuring me to sign over my rights to the house to him. He is claiming that, although I no longer live with him in the home, I am still... View More

Samuel G McKerall
Samuel G McKerall
answered on Aug 6, 2017

There is no legal obligation to pay half the utilities just because your name is on the deed. You need to take all the papers to a competent real estate lawyer and have him or her explain to you all the ramifications of the deed and the mortgage. It may be in your best interest to negotiate a... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: In the state of alabama can a man rent out a house that he doesn't own to another person
Samuel G McKerall
Samuel G McKerall
answered on Jul 28, 2017

Sure. Happens all the time. Almost every rental is made through an agent of the owner, who represents the owner and acts on his behalf.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Should I sign the release of the earnest money that holds me at fault for the termination of the sale?

I signed a contract to sell my house in Alabama with the realtor holding the earnest money. The contract was made for two weeks later than the verbally agreed on 45 days. They came back a week before the close date and told me that the loan paperwork had been overlooked for three weeks by the... View More

Samuel G McKerall
Samuel G McKerall
answered on Jul 25, 2017

You haven't provided enough facts to permit anyone to give you a definite answer. This problem will be controlled by the fine print in the contract. All that said, I will say tentatively that you may - repeat MAY - have grounds to refuse to release the earnest money, and instead have it... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: I lived with my boyfriend for six months. His father is the land owner but doesn't live there. I paid part of the bills

For 2 months until I lost my job. He told me he needed time to think and that I didn't need to be there when he came home from work. Can he just make me leave like that or does he have to file for an eviction with the courts? And if so, doesn't it have to be his father since he's the land owner?

Samuel G McKerall
Samuel G McKerall
answered on Jul 19, 2017

This is the legal answer: The father as the landowner can evict you. The son as the agent of the father-landowner can also evict you. The formal eviction process in Alabama requires a written notice or two followed by an eviction proceeding in court. If they go through all that you will lose... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: My family owns 80 acres and wants to sell some of the land to me for as cheap as possible. How would this work?

The land is forrest and we are looking to possibly buy to build a home and they are willing to sell the land for as cheap as possible or gift it. Just need to know what the law and requirements are for such a process in AL.

Samuel G McKerall
Samuel G McKerall
answered on Jun 28, 2017

The short answer is that all you need is a deed. The better answer is that you need to purchase a title insurance policy that will insure that you will receive good title to the land. How you do that is that you select a title insurance company and tell them what you want to do. They will... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Buying a house and seller did not list garage that is attached and now wants more money for garage to give me the deed

I am buyin a house from my boss and because it does not list the garage that is attached to the house he wants 20,000 more before he will give me the deed, the original contract state for the house at my address but I went to pay him off and he is now saying give me 20,000 dollars for the deed and... View More

Samuel G McKerall
Samuel G McKerall
answered on Jun 22, 2017

Its impossible to answer your question definitively because we cannot see whatever paper you have that "...does not list the garage...". It may or may not be a contract.

A generic legal principle that may help you is that a contract cannot be unilaterally changed by just one of...
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