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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
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answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

0 Answers | Asked in Construction Law, Contracts and Real Estate Law for Alabama on
Q: What happens if a contractee dies before work has begun? In this case, it is for a roof replacement. The contract was

signed by both parties (my dad and Jerry the roofer man) on 12/21/23, with work to begin in 5-6 wks and cost 10900, dad gave a 3200 deposit. Dad died on 2/2/24. My brother contacted Jerry and let him know we still want the roof, but need a little extra time to get things in order. No problem. Fast... View More

0 Answers | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Alabama on
Q: How can we get are new apartment or break our lease dealing with roach infestation?

Ongoing issue, Management seem not to care about our sickly kids.

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
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answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
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0 Answers | Asked in Real Estate Law for Alabama on
Q: Hello, I am a student at the University of Alabama and need to break a lease for the next year due anxiety

My anxiety is hindering my progress in school and I can’t stay at this apartment without thinking about it and just want to go back home

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is it illegal for the city to demolish a house I bought without contacting me?

The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

Anthony M. Avery
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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

1 Answer | Asked in Real Estate Law and Identity Theft for Alabama on
Q: What can I do if someone forged my signature to steal land in Alabama?
Anthony M. Avery
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answered on Jun 4, 2024

You fail to state enough facts to give any type of decent answer. But I am assuming someone forged your signature, in front of a notary, on a deed from you conveying your interest, then recording it. Hire an AL attorney in that County to sue: the grantee for ejectment, quiet title, etc.;... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: A lien filed on home. Title insurance pays it off. Once that is done, how long should it take to clear the home title?
Anthony M. Avery
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answered on May 22, 2024

Assuming the Title Insurance actually paid off the correct lienor, it should be released of record by now. Call the Judge of Probate and ask. But you probably need to search the title as there may be other problems. You can call the lienor and complain also.

2 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Am I at risk of losing a house I inherited when I have no insurance in my name and mortgage is not in my name ?

I inherited a house from my husband. I have a deed but I have no insurance on the property nor have I worked on getting financing . It was in his name only and I’d prefer not to get a loan in my name. I’ve been keeping the payments up but since his name isn’t on anything anymore (original... View More

James Blount Griffin
James Blount Griffin
answered on May 3, 2024

Your late husband's house is what the lender calls "collateral." Your late husband's insurer calls him the "insured," not you. By keeping up the payments on the mortgage and the insurance, neither the lender nor the insurance will likely pay attention to you for a... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Have a prescriptive easement, but my neighbor spent $3,500 on a survey so they could arrest me, a pattern of harassment.

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

Anthony M. Avery
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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.

3 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

James L. Arrasmith
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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

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5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

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.

Anthony M. Avery
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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.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: I own a condo in Birmingham Al who has an HOA The waterline is broken i can hear water spraying under Down stairs Bath

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

James Blount Griffin
James Blount Griffin
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....
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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

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

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

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

Nina Whitehurst
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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...
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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Alabama on
Q: I received a message from the district manager that they were going to release my son from his college apt lease

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?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

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.

Anthony M. Avery
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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...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: I have a personal judgment against me If I open a LLC with a partner will any assets that the new llc acquires
William Vann Burkett
William Vann Burkett
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

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can a seller use the cooling off period to cancel a contract for the sale of a house ? Within 3days of execution date
James L. Arrasmith
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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

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