Four times exonerated by same Neighbors. This is the 5th. And they had to spend $3,500 on a survey on a cold winter night, then roped off & put up cameras and no trespassing signs on my only known access to my home where I've lived for 30 years. The previous owner did not honor previous... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024
You will need to hire an AL attorney to file a Declaratory Judgment suit, and possible injunction. It is not cheap nor easy. You need to gather witnesses now. Otherwise your easement will be terminated.
My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
In Alabama, there are no state laws prohibiting the burial of cremated remains on private property. However, it's important to check with your local government, such as the county or city, to ensure there are no local ordinances or zoning regulations that would prevent you from burying your... View More
Living at and have been for almost a year. Both people living in the house are disabled and have gotten behind on rent but the owner of the house wanted to move someone in with us and was constantly com to the house between 8 pm and midnight, harassing us threatening to put us out. Also her son... View More
Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.
Water is not leaking my bathroom but under floor in bathroom
There is another water leak from broken waterline behind Exterior Brick wall near front door water pores out thru Bricks & once Fawcett is turned on the water pores out & no water pressure upstairs
I've... View More
answered on Mar 22, 2024
Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.
I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.
Then send it again three days and again three days later.... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024
If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More
I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024
Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.
You may... View More
6 weeks later they come back and said they sent the message to the wrong person. We have been trying to get him out of the lease since he no longer goes there. Can they do that?
answered on Apr 1, 2024
An Alabama attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to landlord-tenant attorneys in your state who have some familiarity with campus housing settings, or repost and include the "Landlord-Tenant" category. Good luck
DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE
SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024
The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The
Estates created in the granting clause is a little... View More
answered on Mar 14, 2024
LLC's are typically treated as separate legal "persons" under the law. While an LLC may provide valuable legal protection and tax advantages, they cannot be used to defraud or avoid paying debts. A court may treat each situation as unique and apply the doctrine of "piercing the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
In the context of real estate transactions, the concept of a "cooling-off" period, where a party can cancel a contract without penalty, varies significantly depending on the jurisdiction and specific laws that govern residential property sales. Generally, cooling-off periods are more... View More
He is in a nursing home and owes them money. They haven’t affected a lien against him but can or will they and will that affect my half of ownership if I sell it
answered on Mar 14, 2024
Generally, a lien will attach to only the interest of the person who incurred the debt. However, there are many different liens under Alabama Law. It is possible that the lien may receive some kind of legal preference. However, if the property is owned 50-50 and the property is sold, the lien... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More
The home I inherited has a debt on it and the house is insured by the estate. Once the estate closes, is it too late to get homeowners insurance or do I need to do that now? I can work on financing for the house but what does that mean for the current insurance? Would I need insurance in my name ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024
Most any lender will include property casualty insurance as a term of the Deed of Trust. So you will not get financed or will later be foreclosed upon, if you do not obtain home insurance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
If you are leasing land and the owner sells it, your rights will largely depend on the terms of your lease agreement and state laws governing landlord-tenant relationships. Typically, when a property is sold, the new owner inherits the rights and obligations of the previous owner, including any... View More
My spouse died and I was not on the loan or the deed the home. The home has a debt on it. I know I can get the deed done up, but what about the loan? I know the debt doesn’t go away and I need to figure something out about that like try to assume it if I want to stay or find a way to pay it off.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
You may be able to find a lender for a refinance, which will require you to have it of record how you own as an heir. Affidavit of Heirship and/or probate will be in order. Your credit will be involved. Once you have a source of title, you may be able to sell it subject to the secured debt.
If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.
If the surviving spouse gets the deed to the home put... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.
I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More
Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More
answered on Dec 27, 2023
You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More
answered on Dec 27, 2023
This will likely require you to file an ejectment action. An ejectment action is similar to an eviction but involves some unique procedures and rules. You should contact a local lawyer to discuss what claims you may have.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
