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I own storage units that I want to rent out for personal use. I'm considering using an online platform to manage the rental process remotely. Are there any legal requirements or restrictions I should be aware of when renting storage units remotely, or is having a physical office necessary?
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answered on Apr 13, 2025
Renting out your storage units remotely in Alabama involves understanding and complying with both state regulations and local ordinances. Alabama's Self-Service Storage Statute, updated in October 2021, outlines the responsibilities of storage facility owners, including lien procedures and... View More 
My daughter and her fiancé each took out separate personal signature loans—she borrowed $12,000 and he borrowed $15,000. He also withdrew $7,000 from his 401k, while she has accumulated a $4,500 credit card debt for household items. The house's bill of sale, lease, property, insurance, and... View More
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answered on Apr 12, 2025
In Alabama, ownership of a house generally depends on whose name is on the title or bill of sale, not who contributed money unless there was an agreement to share ownership. Since all house-related documents—including the bill of sale, lease, insurance, and utilities—are in your daughter’s... View More
I own a truck, and a friend was driving it when it was pulled over for a headlight issue. At the scene, one officer deemed it okay for the driver to walk home since it was nearby. However, a second officer insisted on towing it due to highway safety regulations. My friend did not inform me of the... View More
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answered on Apr 11, 2025
This is an incredibly frustrating situation, especially when you had no knowledge your truck had been towed and storage fees piled up without your consent or timely notice. In Alabama, the law does require that vehicle owners be notified after a tow, but unfortunately, the responsibility for... View More
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
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answered on Apr 14, 2025
First, review your mortgage agreement carefully to confirm the requirement for a notice of default and the time allowed to cure the default. The absence of a prior notice of default could be a critical issue, as it may violate the terms of your agreement. Gather any communication records you have... View More
I was awarded half of the land and house during my divorce, while my ex-wife received the other half, which was 10 acres. She refuses to sign a quitclaim deed to transfer the property as outlined in our divorce agreement. Recently, she sold her portion of the land, and I suspect she's... View More
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answered on Apr 12, 2025
This situation sounds very stressful, especially given the uncertainty and potential for conflict. Based on your divorce agreement, the property division should have been finalized when the court issued the decree, and your ex-wife does not have the right to take your land or house unless there was... 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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answered on Apr 8, 2025
Probably because you are in possession of the subject real property. Title and Possession are two different things.
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
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answered on Apr 12, 2025
This sounds like a frustrating and unfair situation to be caught in, especially if you’ve done nothing wrong. In Alabama, someone cannot be charged for damaging their own property unless there’s evidence that they’re doing so with intent to commit fraud, like filing a false insurance claim.... View More
I am involved in transferring rights of a property from three people to just one. The other two want to give up their rights to me, and we've chosen to use a quitclaim deed because it's easy and quick. There's no mortgage on the property, and all parties are available to sign the... View More
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answered on Apr 4, 2025
Grantor is transferring whatever interests he has in the real property over to the grantee. It makes no promise about what he has at the time of deed execution. You should hire an AL attorney to search the title and draft that deed as problems could be catastrophic.
I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More
answered on Apr 4, 2025
The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... 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
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
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
Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on
answered on Mar 31, 2025
To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... 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
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
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
I have been maintaining the property next to mine for the past 25 years, including building a driveway and a garden. The owner has passed away, and the land is still in their name. I attempted to contact the family, but they have not responded. There are no existing legal agreements or deeds... View More
answered on Mar 28, 2025
There is a complex legal procedure known as "adverse possession by prescription" which "requires actual, exclusive, open, notorious, and hostile possession under a claim of right for a 20-year period." There is a ton written about it; it is essentially a squatter's law;... View More
What is the procedure for selling a non-corporate church in Alabama, considering there are no bylaws, no involvement from the board of trustees, no property debts, no agreements on distribution of sale proceeds, and no restrictions from state authorities?
answered on Mar 31, 2025
Check the title records in the courthouse. Find the deed transferring the property to the church. Who or what entity owns the church and its land? The deed should say so exactly. Whoever has title has the right to sell. Whoever sells it would likely sign at closing an "seller's... View More
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
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
I am the last surviving child and my mom passed away without a will. I am currently living in her single mobile home on 1.5 acres in Mobile, Alabama, and I am paying the mortgage monthly. My mom's name is on the mortgage and property title, and no other family members have any claim to her... View More
answered on Mar 21, 2025
When someone dies without a will, the estate is settled through the laws of intestate succession. If you were an only child, you are the sole heir if your mother died without a husband. You need a Mobile attorney to help you. The attorney would draft for you a Petition for Letters of... View More
My mom passed away, and I'm the last surviving child. She had no will, and I'm looking to keep her home. I'm still paying the mortgage monthly. There are no other family members with a claim. The property is a mobile home with 1.5 acres, located in Mobile, Alabama. What steps do I... View More
answered on Mar 31, 2025
You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and... View More
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went... View More
answered on Mar 31, 2025
If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of... View More
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