I have been owner-financing my home for 10 years in Alabama, and after catching up on missed payments, the lender sent me a certified letter of Acceleration of Debt/Foreclosure without any prior notice of default. The mortgage agreement states that the lender must provide a notice of default and... View More

I have been living with my partner for about 14 years in a home inherited by her and her three siblings, where she owns 1/4 of the property. We have children together, but we're not married, nor am I listed on any property documents or have any signed agreements regarding my stay. Despite... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

Probably because you are in possession of the subject real property. Title and Possession are two different things.

I sold a car to someone in Alabama with a verbal agreement that they would pay $3,500 in total. They paid $1,000 upfront, with a remaining balance of $2,500. There was no paperwork done. After two weeks, they still hadn't paid the remaining amount, so I went to her house and took back the car,... View More

I have been accused by a neighbor of causing property damage, specifically a flat tire on her vehicle. The neighbor lives on a hill with a long driveway affected by water erosion and a nearby fence built by a farmer. I have had various disputes with her, but there has been no communication directly... View More

Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More

James Blount Griffin
answered on Apr 4, 2025

Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More

I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More

James Blount Griffin
answered on Apr 4, 2025

In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More

I received notice that my storage unit was auctioned off, but they only gave 9 days' public notice, whereas the law states 15 days are required. The facility emailed the notice to my wife's email, not mine, on March 3. I could have settled the payments if I had known, as there was an... View More

I have a partition action pending in Bibb County, Alabama. In December, the judge issued an order to sell a property, then held it in abeyance over my objections. Recently, he issued a new order claiming his prior order was final, but significantly changed the terms, resulting in a $53,000 loss for... View More

James Blount Griffin
answered on Mar 31, 2025

Your case is complicated. Do you still trust your lawyer? If so, demand an answer to your question and the taking of appropriate action. If not, you need to find a new lawyer before your time to appeal expires.

My mother owns her mobile home and has the physical deed in her name. In November 2024, the mobile home was moved off of a lot at a previous mobile home park by an unknown mover without her consent. We recently found out that this mover sold all her belongings inside the home and intends to sell... View More

James Blount Griffin
answered on Apr 4, 2025

The lawyerly answer is: "It depends." Read the various contracts related to the mobile home, which I presume your mother owned outright, and the leasing of the lot, which she did not own. if she fell behind on her rent of the lot, the terms of eviction and removal of her mobile home... View More

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Can a retired pastor single-handedly put our church in Alabama up for sale without notifying the congregation, trustees, or the governing bodies? Our church, which has been part of a non-denominational assembly for over 75 years, is owned by the congregation, and there's no formal... View More

James Blount Griffin
answered on Mar 28, 2025

The first question is: in what name is the title to the land held? It could be corporation, private party, religious non-profit, and passed to the church by a happy widow who never signed a deed. A seller cannot sell without title. No title insurance company would insure it, and no fire... View More

My son is the primary account holder for a cellphone that his ex-wife has but refuses to return, claiming it was a gift. He has attempted to communicate with her about returning the phone but received no response. What legal steps can he take to recover the phone or stop making payments on it? This... View More

I signed a warrant related to disorderly conduct, and the charges were subsequently dropped due to a lack of a noise ordinance at the time. However, an individual is now suing me for malicious prosecution, abuse of process, and false imprisonment. I am awaiting a court date. What type of civil... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You need a civil defense attorney with experience in constitutional law and government liability cases. This type of lawyer regularly handles cases involving alleged violations of civil rights and claims against individuals who have initiated legal proceedings that the plaintiff believes were... View More

In a civil case, do I have to answer all of the questions in the discovery process, even if I believe some of them are irrelevant or burdensome, and what should I do if there is a court deadline approaching for responding to the discovery requests?

Tim Akpinar
answered on Mar 29, 2025

An Alabama attorney could advise best, but your question remains open for a week, and there is usually a short window of time to respond to discovery requests in virtually all jurisdictions nationwide. As a GENERAL RULE nationwide, failure to comply with discovery requests COULD be used by the... View More

I have partial custody of my children every other weekend, as per a court order. Recently, I have been unable to see them because their mother has blocked my attempts to communicate, claiming that I am dangerous, even though there is no legal finding or restriction against me. This has been... View More

I bought out my step-dad's business before he passed, and he assured me that the landlord agreed to let me continue renting the building. After he died, I started reorganizing the business inventory inside. Two months later, chains were placed on the doors, locking all my personal belongings... View More

I have a letter from my doctor's office verifying my diagnosis of severe migraines. This letter was initially provided by a nurse who is no longer employed there, and I was instructed to add a date when necessary. My college financial aid office requested verification, and when they contacted... View More

I visited my ex's property when they told me they needed me there, but once I arrived, they blocked the entrance with their truck, preventing me from leaving. During this time, my vehicle caught fire. There were no witnesses to the incident, and I have messages from my ex asking me to come to... View More

I recovered my stolen property and want to take legal action against the person responsible, but I don't have proof of the theft. What are my options for pursuing this case?

If a property does not close due to the buyer's breach of contract, can the buyer's real estate agent sue me for commissions? The buyer's agent has filed the lawsuit pro se, listing himself only, not his broker on the case. The seller's agent released me from the contract after... View More

James Blount Griffin
answered on Mar 31, 2025

Your case is very complicated. Realtors often lose lots of money on broken land deals, and real estate contracts often favor the realtor over the seller or the buyer. Find an attorney in your area who understands real estate closings. It might be hard because many solid real estate attorneys... View More

My father passed away in 2013 without a will, and at 19, his estate was cleared, granting me access as the sole heir. However, his family withheld a safety deposit box he had at a bank, which they cleared out shortly after his death, despite not being listed as co-signers or having legal duties... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You may have a valid legal claim regarding the safety deposit box despite the time that has passed. Your father's family members potentially committed conversion (taking property belonging to another) and breach of fiduciary duty if your aunt was handling estate matters without proper... View More