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Alabama Real Estate Law Questions & Answers
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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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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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 Blount Griffin
James Blount Griffin
answered on Apr 22, 2024

I would add that burial grounds are a special type of land use under Alabama law; cemeteries have their own sections of the Alabama Code. The burial of cremated remains by itself might not create a "cemetery" as defined under Alabama law, but if you if you put up burial markers, fences,... View More

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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?

Paul  Burkett
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answered on Apr 29, 2024

This is an answer to supplement the general question and not a specific solution to your matter. Good thoughts here and also, I would add that depending on whether the location of the remains is deemed a cemetery makes a difference because in Alabama there is a code section which gives right of... 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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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.

Paul  Burkett
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answered on Apr 1, 2024

This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to... 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.

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:

1. Bankruptcy proceedings:...
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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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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

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of...
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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

Nina Whitehurst
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answered on Mar 20, 2024

Your question cannot be answered without additional information about your relationship to the borrower.

Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.

Are you a buyer purchasing...
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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 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 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

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

3 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

William Vann Burkett
William Vann Burkett
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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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

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.

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

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