Lawyers, Answer Questions  & Get Points Log In
Alabama Real Estate Law Questions & Answers
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.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Yes , the property I own is in both my Mother and my name. She is deceased. I want to sell .

Do I have to remove her first from the deed , or can I sell as is ? If so what steps do I need to take in order to get this done ?

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2020

You do not state what the granting clause exactly is. You might own one half, all or nothing. Hopefully a competent attorney can search the title,determine ownership, and draft an Affidavit of Heirship. Mother cannot execute a Deed now. Land rarely goes through Probate unless the Estate is... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Alabama on
Q: I bought a Mobile Home from a individual and I have the bill of sale on it and my husband and myself decided to just

Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 18, 2020

You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: How can I get a deed for the land I live on?

Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 15, 2020

Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I own property in Cullman, al. I run Angus cattle on. A neigh.rented 8 a.c.. now there is 10 to 15 rodeo bulls there

These bulls are destroying my fences, breeding my cattle, and have charged me and wife on our property. Repeatedly ask for repairs of my property, and contain these not ag animals.

Samuel G McKerall
Samuel G McKerall answered on Jul 29, 2020

Here's the primary law on it. There's a lot more than just this one, You can look at all the other Alabama laws on the subject by Googling Code of Alabama, and then choose the one that has the word "alison" in the web address. Scroll down to Article Three - Animals - and then... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Alabama on
Q: i own 120 acres and my dad has a life estate on the property. he also owns the timber/mineral rights. can he sell them?

My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?

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

If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a restriction be placed so that property is not sold outside of family?

Before they die, parents want to deed land to children. Can a restrictive stipulation be included in a deed which only allows sell of any property to only be offered to the other children, or does this need to be included in a will? If original grantee sells land to a grandchild (not original... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

You will need to hire a very competent attorney to draft a Future Interests Deed over to a Class of Family Members. It must not violate the Rule Against Perpetuities. It should tie up the property for at least a hundred years, but property taxes and maintenance could be problems. It is... Read more »

1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: We have the deed to house and 16 acres of land and have an equity line for 80% of the value. Can we sell 1 1/2 acres of?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Alabama on
Q: Is it possible to have someone on my behalf to sign real estate or legal documents for a Realestate transaction?

I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?

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

Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a person file a lien on a house in Alabama? Or do they need to be a bank?

My father is going to pay for 80% of a house I am buying and I will pay him back. He wants to legally protect his interests and is hoping to have a lien on the house. Is this possible? What is the best way to go about this?

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Hire a competent attorney to conduct this transaction. A Title Search is the first requirement. You can give your Father a Note and a Mortgage to the property after he conveys by Deed to you. Record the Mortgage.

1 Answer | Asked in Real Estate Law and Tax Law for Alabama on
Q: Can i seize control to my grandfather's house and eventually gain title?

Died 18 yrs ago in Alabama. No will. Estate never probated. Heirs abandoned property 4 yrs ago. Left unpaid taxes

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2020

This is probably a good property to hire an attorney for. You need a Title Search and an Affidavit of

Heir-ship. You might buy it a Tax Sale (where you definitely need a lawyer to actually get Title) , or get the Heirs-At-Law to Deed it to you

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Alabama on
Q: Is it legal for my landlord to take half of my mortgage payment and put it towards interest if i did not get a loan

i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: There is a vacant lot near my current location. I would like to use this land for a community garden!

There is a vacant lot near my current location. I would like to use this land for a community garden, but don’t know if it’s okay to legally use or not. I have consulted with a local realtor only to find out there are no past nor present history on the property. Can i use this land without... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

Your local realtor has no idea. A title search should disclose the present owner, who you might ask permission of to garden. Using the property is a trespass, but could develop into adverse possession. Checking the taxes might also disclose the opportunity for legal acquisition. Investing... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: does a person have to file an action for adverse possession

what are the proceedures

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

There are no actions for adverse possession. You are talking about filing an Action for Ejectment, Boundary Line Dispute, Trespass, etc. It will involve asking the Court to declare you own the property due to adverse possession, either under statute or common law.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: I am buying an old house that may be sitting, partially, on the neighboring property. Can they make me remove it?

I am in the process of buying an old house (they don't even have the year it was built on record) that sits on the very corner of it's property. When looking up tax information I have seen some land line overviews that make it look like a corner of the house actually sits on the... Read more »

Amanda B Cook
Amanda B Cook answered on May 4, 2020

You can buy it, for what it is worth. You may not be able to get title insurance without a special endorsement or exception, which is usually only problematic if you need a loan to purchase. You need to do some research on how long the house has been there, there is a statute of limitations on... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: If the picture on the deed an a servey don't match what does the law say or do
Amanda B Cook
Amanda B Cook answered on May 1, 2020

There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.