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Alabama Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Alabama on
Q: Would a medical lien against my brother affect my half of the property we own together since I don’t owe them

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

Anthony M. Avery
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answered on Feb 16, 2024

If a lien is filed against real property, it encumbers all titled owners.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
James L. Arrasmith
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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

0 Answers | Asked in Real Estate Law for Alabama on
Q: If a buyer and a seller know about a lease agreement to buy to someone else.but go ahead with the sale of land is that

Fraud.The lease agreement was paid for in full. Both of them knew about them.covid hit .the land owner had 8&half acres.The lease agreement was for a parcel and a small house. The buyer had ali the property survey. without the lease agreement family knowledge. Then got a warranty deed. The... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Is securing home ownership insurance part of the financial process ? Can I get financing approved without it?

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 ?

Anthony M. Avery
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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.

0 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Alabama on
Q: What legal documents are needed for a church property to be donated to another church?

The trustee of the church would like to donate this property (a church, a house and all property) over to a different church. What do we need to do to make this legal and binding?

1 Answer | Asked in Real Estate Law for Alabama on
Q: what rights do I have if I'm leasing land and the owner sells it out from under me?
T. Augustus Claus
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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

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: is there a form in Alabama to eject a person.

The court clerk said I must eject not evict this person. I allowed her to stay for a short time now she refuses to leave now.I didnt set a lease up nor expected rent.Now she is damaging my property.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: Can I take equity out of a home if I am not on the original loan or deed, but legally inherited property (home)?

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

Anthony M. Avery
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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.

0 Answers | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Alabama on
Q: How do I find a lawyer who specializes in Home Owner Association management in Mobile Alabama?

We are an association of less than 20 patio homes but want to make sure we are in compliance with state and national laws.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Can a mortgage be completely erased if there was no insurance or any other money left behind to take care of it?

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

Nina Whitehurst
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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.

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Can a mortgage company call a loan due if the person who can assume the loan is being difficult or non responsive?

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

Nina Whitehurst
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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

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Live in my family home but never changed deed over after my mum died. Property taxes went up 600$ more this year

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

William Vann Burkett
William Vann Burkett
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: If a person is living with someone and they are not on the lease how can I put them out
William Vann Burkett
William Vann Burkett
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Someone is letting my wife live in there mobile home. But it sitting on my wife’s land. Can he evict her from the home?
Anthony M. Avery
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answered on Dec 12, 2023

No... But the owner can take the MH away.

2 Answers | Asked in Real Estate Law for Alabama on
Q: Neighbor installed new over flow pipe from his man made pond to go straight onto my land and it has cause lots of damage

I've tried looking up whom to contact without luck

Anthony M. Avery
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answered on Dec 6, 2023

That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: WRT Votes from HOA members, is signing a petition considered a vote? The petition is to remove existing board members.

Our HOA documents say the board can be removed with or without cause at any time with a majority vote from association members. There are enough signatures on a petition agreeing that a new board should be put in place and the old board removed to meet the majority. The committee formed to... View More

James L. Arrasmith
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answered on Dec 4, 2023

In the context of an HOA (Homeowners Association), whether signing a petition is considered a formal vote depends on the specific bylaws and governing documents of your HOA. Typically, these documents outline the procedures for voting, including how votes can be cast and what constitutes a valid... View More

2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

James Blount Griffin
James Blount Griffin
answered on Nov 15, 2023

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate...
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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
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answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

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