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Alabama Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Small Claims for Alabama on
Q: Is it legal for a loan company to do a hard pull on my credit to see if I am making other payments without my consent
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

check if you signed anything that would allow them to do that.

the application may have included an authorization to do that.

1 Answer | Asked in Contracts for Alabama on
Q: Is there at statue of limitations on statute 13a-8-142 in alabama
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 27, 2020

This statute deals only with the notice requirement to perfect a demand to return. I think you are asking if there is a statute of limitation on theft. That would depend on the value of the items. Try your questions again and give some facts so someone can answer.

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am the seller in a contract for deed, am I required to fill out a Verification of Mortgage?

I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read that... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 14, 2020

Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the existing mortgage... Read more »

2 Answers | Asked in Contracts and Estate Planning for Alabama on
Q: I am my brother's legal guardian. He relies on Medicare to pay his nursing home. He was omitted from Dad's will.

If he receives any money Medicare will take his benefits away. Dad died without taking brother's name off insurance as beneficiary. I can disclaim his insurance benefit, but what happens to his benefit if I do? How long is any disclaimer in effect? What can I do to prevent Medicare from removing... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 12, 2020

You probably mean Medicaid not Medicare. The disclaimer would be considered an uncompensated transfer and your brother willl incur a penalty period. There are better ways to handle this. Consult with an elder law attorney in your area. Most likely you will be looking at a strategy that combines... Read more »

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1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for Alabama on
Q: What recourses do I have?

I had a written signed contract for specific items in exchange for yard work w/ time frames for completion. Instead of doing work, they took the items, broke into the property, took additional items destroying/damaging others. Amount taken is upwards of 60k including vehicle, major appliances,... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 20, 2020

A contract would’nt have anything to do with the criminal case. You likely have a civil action for breach of contract too.

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »

Timothy Denison
Timothy Denison answered on Nov 24, 2019

You can take the property back and sell it to someone else. You have no recourse against the bankrupt buyer unless the bankruptcy isn’t discharged.

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1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am in the process of purchasing a home and am the only one on the mortgage. My wife doesn't have an ID. Can we close?

A

Amanda B Cook
Amanda B Cook answered on Nov 4, 2019

You should ask this question of your financial institution and your closing attorney's office. There is usually an affidavit which the bank requires the closing attorney to sign that states the attorney or closing agent has asked all parties to prove themselves by identification. Whether or nor... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently... Read more »

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Alabama on
Q: What does it mean when a creditor leaves you a message that the account is pending litigation?

I recently found out that several accounts (signature loans, credit cards) have not been paid by my (now ex) finance. Bankruptcy appears to be my only option. However, I am having to come up with the money to pay an atty.

Is litigation the same as a lawsuit? Can this turn into a... Read more »

P. Vaughan Russell Jr.
P. Vaughan Russell Jr. answered on Sep 13, 2019

Yes, litigation is another term for a lawsuit. If collection actions have been filed against you, then you will have been served with paper legal documents: a Summons and Complaint, either by certified mail or process server/sheriff. This is required for any lawsuit to move forward. Telephone... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on
Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to other... Read more »

Gary Kollin
Gary Kollin answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can I sign a lease if I have power of attorney?

This is on the power of attorney that I have... does this mean I can sign the lease?

This is in Madison, AL

(3) provide living quarters for the individuals described in paragraph (1) by:

(A) purchase, lease, or other contract; or

(B) paying the operating costs,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Yes.

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Business Formation and Contracts for Alabama on
Q: A contractor completed a roof job; however lied about being licensed and bonded now I don’t have a warranty on my roof.

What can I do about this situation?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Not a thing--except to sue the unlicensed roofer. But before you start a very expensive legal war that will not fix the problem, why not wait for the rains to come and see if the roof works like they are supposed to. Consider this fact:

The quality of any roof is not dependent upon whether...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: Does the state of Alabama allow for the exclusion or limitation of incidental or consequential damages ?

I ask as this pertains to a "lifetime warranty" on a brand of paint that has malfunctioned less that 3 years after application. Can I hold the paint manufacturer responsible for labor costs, etc ? Not just the replacement of paint ? Thank You.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

No--not unless the written warranty expressly says you can. Why?

Because the paint manufacturer cannot possible be responsible--or able--to refund untold amounts of money spent for labor to thousands of unhappy paint customer like you.

You might want to call the painter(s) and...
Read more »

1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on
Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

1 Answer | Asked in Contracts for Alabama on
Q: Our sales contract sets closing on a specific date. If the buyer fails to have lender’s approval, does the contract end?

Buyer failed to secure financing because of a delayed appraisal process. Does AL law mandate a grace period after the set contract closing date?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

No. The parties can do whatever they decide to do.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on
Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

1 Answer | Asked in Contracts for Alabama on
Q: I hired a roofing co to handle an insurance claim, they didn't do everything on contract that I'm being charged for.

Well known roofing company was hired to replace roof and vinyl siding, I signed a contract that they was gonna do everything to insurance scoop, but it wasn't. They short cut on the vinyl, already had to do major redo on roof, roof still not right, and damages to gutters. At this point I've only... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

You should be talking to your insurance company about this.

1 Answer | Asked in Contracts for Alabama on
Q: Called survey company to drive 48 miles to survey 15 acres

Was told $300-600-they did it now they say their notes from phone call state $3000 I sent two older surveys via email and he states courthouse research,travel and time in field $3000-any recourse for me

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

The difference between what you say you were told and what they say you were told is well with hiring a lawyer to read all related documents and advise you if you have a valid case.

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