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Alabama Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: I rent a house from hero and my lease says that I rent to own but now the lady is telling me that I can’t buy it.

It’s been almost a year since I signed this lease and she is just now telling me that I can’t rent to own. I want to know if my lease says rent to own shouldn’t they have to honor it?

0 Answers | Asked in Foreclosure and Real Estate Law for Alabama on
Q: My home was foreclosed auctioned. The owner said I could stay a little longer until we found a place to reside. I agreed

But I specifically said only if I don't loss my right of redemption. Mostly, evertime we talked I reminded him about, not losing my right to redeem my home. We agreed on a day to vacate and left them the possession of the keys & garage door opener. I sent him an email request he sign it... Read more »

0 Answers | Asked in Real Estate Law for Alabama on
Q: Have mortgage, want to sell partial to son.

Can he hold lien on property to accomplish or do I have to refinance & subdivide?

Thank you

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Do I need to take legal action or have a case period?

Hello, My family and I are dealing with new owner to the Mobile Home Park we've lived in about 15 years. We own our home but rent the lot. Long story short. They came and threw away thousands of dollars of items and even things on my front porch but left most of the trash. They also towed 2... Read more »

0 Answers | Asked in Foreclosure, Real Estate Law and Land Use & Zoning for Alabama on
Q: Family division of property

I divided property between myself and 3 children. It was deemed a family division rather than subdivision because I only have 30’ right of way. Was told by the surveyor that no part of property could be sold outside of family. Surveyor also said that if anyone defaulted in money owed on their... Read more »

0 Answers | Asked in Real Estate Law for Alabama on
Q: I divided my property between self and kids. It was called a family division due to 30’ right of way.

Was told couldn’t be sold outside of family. That if one defaulted on mortgage the whole property would be sold. One portion is in foreclosure and scheduled for auction. Am I going to lose my portion/home?

1 Answer | Asked in Real Estate Law for Alabama on
Q: Does my husband have to be on deed if I purchase a vacation home in AL?

My husband and I live in FL. I want to buy a vacation house in AL. Does he have to be on deed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

No, you can own it individually.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Alabama on
Q: Can a property and home be sold if the deed is in someone else's name?

people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 13, 2023

The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... Read more »

Dragan Ivetic
Dragan Ivetic PRO label
answered on Feb 10, 2023

Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.

However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the...
Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you pay someone and then find out they don't actually own the property? What can be done?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 11, 2023

Did you receive a Deed? No cause of action if a Quit Claim Deed. If a Warranty Deed, then demand or sue the seller for him to get title. When he does it immediately inures to your benefit because of After Acquired Title/ Estoppel By Deed under one of the four covenants of title. If no Deed... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: I have a tax lien on a property where the landowner has died. Would I be able to take possession of the vacant property?
William Vann Burkett
William Vann Burkett
answered on Nov 21, 2022

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: can Adverse possession in Alabama be pursued during and enjectment? Will I know if and enjectment is filed in court?

Lived on property for 27 years I purchased the mobile home from individual that was on private lot I did pay a lot rent fee 75 a month to who I was made to me believe was the rightful owner but after 17 or so years I find out she has not owned the property since two years before me movin in so... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 7, 2022

Has an Ejectment action been filed? If so, then you must hire a competent AL attorney now to file an Answer and defend you. If no suit, you may be able to shore up your claim of ownership, with or without color of title.

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If the estate of my wife's grandmother who is deceased is in her care does that mean that the property is legally hers?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a tenant be required to vacate residential rental property immediately?

I am providing a tenant notice to pay rent within 7 buisness days.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No, you have to sue for possession and get a Judgement first.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Is this a reasonable partition attorney's fee. Plaintiffs $6000. Attorney's fees $6850+$1,127. should it be 10% of sell?

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 »

William Vann Burkett
William Vann Burkett
answered on Aug 3, 2022

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I was served an ejectment for land I was renting from someone that has a mobile home I own sitting on it. What do I do?

B

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

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 »

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