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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a home "as is" and signed the paperwork after having the home inspected. Do I have any recourse?

I have already paid to have the foundation repaired; some of the joists weren't even supporting the house. I paid to have the roof repaired because the shingles on the back room were put on backwards. There are holes in the wall that were covered by tape which were painted over (latex over... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jul 23, 2021

As you stated you purchased the home in "as is" condition, so it is doubtful you would have recourse against the seller. Without having everything in front of me, the only option I could imagine against the seller would be if the seller mislead you as to the condition of the home. Alabama... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Want to Quickclaim one-ninth (1/9), undivided interest in real estate property, Perry County, AL.- need correct wording
Amanda B Cook
Amanda B Cook answered on Jun 29, 2021

The term is "Quitclaim". And it sounds like you're about to make a mess of your title. I strongly encourage you to seek a paid consultation with an experienced real estate attorney who can help you accomplish your goals.

2 Answers | Asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: mom passed away her name was first on the home with my step dad second She didn't have a will as her child do i get part

I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.

1 Answer | Asked in Real Estate Law for Alabama on
Q: A mortgage to secure option in Alabama?

I’m purchasing an option for 10,000 to buy the property for 250k within the next 20 years, however, I want to make sure the option is secure and won’t be closed over the top of. Can I use a mortgage or another security instrument to keep my option in place?

William Vann Burkett
William Vann Burkett answered on May 11, 2021

Any time you are dealing with a real estate transaction it is wise to work with an attorney. They will be able to advise you of the individual provisions of the option contract and how each influences your rights down the road. Generally, agreements and documents affecting title to land may be... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If you have co owners to a property and one has not been seen in 15 years can you have them forfeit it?

My stepfather deeded his land to my 6 year old son and his daughter in law before he died in 2006. We have not seen daughter in law since. We pay taxes and maintain property and now my son is of age and would like to set up residence on land but a little scared she will come up 10 years down the... Read more »

Amanda B Cook
Amanda B Cook answered on Apr 30, 2021

There is a slight chance that ousting a co-tenant can be successful but it takes at least ten years, knowledge of her whereabouts, and specific actions on your son's part which would necessitate him consulting with an experienced real estate litigator. It is such a rare occurrence that... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: what can i do if someone adds their name to my property deed.?

someone has added their name to property that I own. I have no idea who the person and since adding his name he has died.

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

There is no adding a name to a Deed. Whatever the case, hire a competent attorney to search the title. Then you may need to file a Quiet Title, Ejectment, Reformation, Remove a Cloud, etc type of Action.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: We want to purchase the lot of land beside us, but the deed is in a deceased person's name, the heir of the deceased

The heir of the deceased is also deceased, the 2nd deceased heirs said that we could purchase the land with an Heirs Deed, what is an Heirs Deed and is it guaranteed, what should be our worries

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: need help on finding out the lawyer that my deceased mother had when the house was sign over too her

please help

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2021

Many times the Deed will have the preparer of the instrument on it. Sometimes the drafting attorney will notarize the grantor. So start by looking at the Deed closely. You might contact the grantor and ask him.

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My aunt passed away recently and left no Will. She was never married and had no children.

My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2021

You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My family has 30 acres of heir property that has 15 properties (homes & mobile homes) on it. This land has been in the

Family for over 100 years...so many heirs. What are the steps to getting my one acre divided, in my name to be able to possibly sell in the future?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

Unless the Heirs can come to an agreement to sell or deed it among themselves, that sounds like a classic Partition Action. You will need a competent attorney to search the title, determine heirship, and then file (and serve) a Petition for a Sale for Partition on all interested parties. The... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: My father's Will (2004) left some property to me and 2 brothers but his wife got this property until her death then we

were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2021

Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: In order to charge a tenant a penalty for breaking the lease early, does the least have to explicitly state the penalty?

My alabama home lease mentions nothing about breaking the lease early, does that mean they can't charge me for breaking the lease early?

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2021

No it does not. And the lessor can probably sue you for breach of contract for the remaining rent to be paid under the lease.

1 Answer | Asked in Real Estate Law for Alabama on
Q: can heirs of a property be held responsible for an existing lawsuit against the estate?
Anthony M. Avery
Anthony M. Avery answered on Dec 18, 2020

Sometimes yes, as on occasion the Creditor goes after the real property of the Decedent Judgment Debtor that went to the Heirs at death. Hopefully there there will be a convenient SOL curing title in the Heirs. You will need a very competent Alabama attorney to check the Probate, Intestacy and... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: My dad got divorced, had no will, and passed away. His ex wife’s name is still on the house.

My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 18, 2020

To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Small Claims for Alabama on
Q: How can I have a judgment against me when I’ve never been contacted about any debt?

I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 7, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »

1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: Bank is holding insurance claim funds from Hurricane Michael. What happens to funds if I sell my house?

Mortgage lender is holding over $5,000 of my insurance claim funds from Hurricane Michael. I can't get them to release funds even though work is completed. They have came and inspected the repairs 2 different times. I had a disagreement with the contractor before he finished the work, so I... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 29, 2020

The bank would release the funds to the borrower on the current mortgage when the time comes, even if you have refinanced with a different bank or sold the house. Make sure they have your current address at all times. Without a release of lien from the contractor the bank will not release the funds... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How can I claim ownership with an heirship affidavit if heirs are still not in compliance about who claims ownership.

There are only four heirs that is me and my three siblings and they are not getting along about who the title should be transferred to. To clear it up.

Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

I do not know what "compliance" is, but the Intestate Succession Statute determines heirship. You may wish to hire a competent attorney to ask a knowledgeable family member who the heirs are, and draft the Affidavit.

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