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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 
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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
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
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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... View More
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?
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
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.
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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... View More
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
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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
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
answered on Mar 14, 2024
Generally, a lien will attach to only the interest of the person who incurred the debt. However, there are many different liens under Alabama Law. It is possible that the lien may receive some kind of legal preference. However, if the property is owned 50-50 and the property is sold, the lien... View More
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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
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 ?
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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.
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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
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
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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.
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
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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.
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
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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
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
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
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.
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answered on Dec 12, 2023
No... But the owner can take the MH away.
I've tried looking up whom to contact without luck
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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.
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
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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
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.
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... View More
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
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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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