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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: When preparing a will do I need to designate what is done with my inherited and jointly owned property?

I’m writing my will.

Currently have a probate matter open- my late parents and my late brothers estate. The property I inherited has 25% inherited by a sibling. The matter is almost resolved. But in the event that I die before it is settled, I’m unsure of whether or not I need to... View More

Anthony M. Avery
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answered on Oct 7, 2024

Your Will only probates what you own at death. So the Residuary Clause will dispose of non specific bequests and devises. Hire an attorney to draft and execute your Will. Otherwise there is a good chance your wishes will not be honored. Also choose a good executor.

0 Answers | Asked in Real Estate Law for Alabama on
Q: in alabama,example of a real estate broker withholding commissions of one of their own agents

that violated Acts 1996, No. 96-566, p. 849, §16.) and in such example, the agent was able to recover lawyer fees

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Alabama on
Q: may I put a mobile home on my property and rent it out?
James L. Arrasmith
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answered on Sep 18, 2024

You can potentially place a mobile home on your property and rent it out, but there are several factors to consider first. Local zoning laws play a big role in determining what can be placed on your land and how it can be used. Some areas may restrict or prohibit mobile homes, while others may... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I’ve paid taxes on land co-owned by siblings for ten years. What are my options?

No one else would help. I’ve paid the taxes for 8 to 10 years.

Anthony M. Avery
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answered on Sep 13, 2024

You can ask for reimbursement. If no money you can file suit for a Sale For Partition. There you can ask the judge to reimburse your share, but it is not for sure. The other option is to hire an AL attorney to search the title and draft a deed for all the other tenants in common to deed their... View More

2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Alabama on
Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?

i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 12, 2024

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any...
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Q: I have been jailed twice over an ordinance violation in Town of Rutledge, Al &ordered to move out of storage building we

Me & husband both own property & both names are on deed,but he hasn't been jailed.Is this legal?& can an ordinance be voided for this?Also they claim they've had ordinance since 1995.Noone has heard of it till 2023.when they hired building inspector.Us &1 other are only... View More

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you're dealing with a frustrating and possibly unfair situation. If both you and your husband own the property and only you have been jailed, it could raise questions about equal treatment under the law. It may be worth exploring if there has been any discrimination or unequal... View More

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Q: Unpaid property tax in Alabama on a property which was paid for completely.

They went unpaid for 3 years which a company paid at auction but I paid the taxes last year. Can I still redeem?

James L. Arrasmith
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answered on Aug 15, 2024

Yes, you can still redeem the property even after the taxes were paid by a third party at auction. In Alabama, property owners typically have a right of redemption, which means you can reclaim your property by paying the amount that was bid at the auction plus any additional costs and interest.... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama real-estate law question.

I bought a vacation property in Alabama while engaged. Only my name is on the deed. A gift of money was given to purchase by my ex fiancée. I have paid all the bills since ownership. Alabama is not our state of residence. Does my ex have claim to my property? He is suing.

Anthony M. Avery
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answered on Jul 24, 2024

Hire an AL attorney now. You must file an Answer and defend against the suit. Let your lawyer decide how to defend you. If there was a Divorce then that Judgment might control, but arguably only has jurisdiction in the State of the Divorce, not AL land., and thus unenforceable.

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

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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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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