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My spouse passed away several years ago, and his name was the only one on the mortgage. However, the deed grants me the right of survivorship. I've kept the mortgage payments current, but I haven't yet contacted the lender. There was no will, and the estate did not go through probate. I... View More 
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answered on Apr 28, 2025
Pursuant to Federal Law, the lender can not call the loan due or declare it in default fault simply because the borrower died, when the borrower left the house to his wife. All you need to do is notify them of his death, and you can continue to make the payments on the loan. You do not have to... View More
My mother owns her mobile home and has the physical deed in her name. In November 2024, the mobile home was moved off of a lot at a previous mobile home park by an unknown mover without her consent. We recently found out that this mover sold all her belongings inside the home and intends to sell... View More
answered on Apr 4, 2025
The lawyerly answer is: "It depends." Read the various contracts related to the mobile home, which I presume your mother owned outright, and the leasing of the lot, which she did not own. if she fell behind on her rent of the lot, the terms of eviction and removal of her mobile home... View More
I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More
answered on Apr 4, 2025
In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More
Is B responsible for the financing amount of ~$11,000 for an HVAC unit, even though her mother, who was the sole signer of the contract, has passed away? Additionally, can the financing company legally remove the HVAC unit from B's house under the contract terms given that B is the sole owner... View More
answered on Apr 4, 2025
Death does not extinguish legitimate liens against real property. An HVAC system is a strange bird in property law. The HVAC equipment itself is not "real property" as in real estate, but, once installed, it is a permanent fixture in and with the real estate; the house is likely not... View More
I purchased a mobile home for $7,500. The seller was due $5,000, and the party helping to sell the mobile home was due $2,500. I have a bill of sale and a title. If the party assisting with the sale didn’t pay the seller the full $5,000, can they stop me from moving the home? The seller hasn’t... View More
answered on Apr 4, 2025
The lawyer's answer is: "It depends." Do you have an obligation to pay the $5,000 or the $2,500? If the seller has neither cash nor an enforceable promissory note and lien against you, then he is likely within his rights to prevent delivery and installation of the mobile home. If... View More
I am creating a database of minerals and rocks and would like to know if it's legal to collect rocks under the bridges of small creeks on county roads in Alabama, or if this is considered private property. I have reached out to law enforcement and am waiting for an officer to call me back for... View More
answered on Apr 1, 2025
This is a complex question. Creeks and rivers are sometimes on public lands, sometimes in public rights of way, and sometimes entirely on private land. How much disturbance are you likely to make? Nobody wants the creek banks eroded under a bridge. I would speak to the County Engineer. He... View More
I am dealing with a complex situation involving my deceased mother's home. After her death in 2018, my stepfather passed away, and his children took over, claiming my brother and I had no rights, despite us paying property taxes on the home. The house, located in Walker County, Alabama, went... View More
answered on Mar 31, 2025
If the home was held by the married couple as "joint tenants with rights of survivorship," then your stepfather got complete ownership the day your mother died. The stepsiblings sold it and pocketed the proceeds and thank your brother cheerfully for paying the taxes. If the deed of... View More
My mom passed away, and I'm the last surviving child. She had no will, and I'm looking to keep her home. I'm still paying the mortgage monthly. There are no other family members with a claim. The property is a mobile home with 1.5 acres, located in Mobile, Alabama. What steps do I... View More
answered on Mar 31, 2025
You will likely need to open an estate in her name under the laws of "intestate succession," that is, probate for someone who died without a will. The heirship is determined by state law by these priorities: widows, orphans, surviving parents, surviving siblings, surviving nieces and... View More
If a property does not close due to the buyer's breach of contract, can the buyer's real estate agent sue me for commissions? The buyer's agent has filed the lawsuit pro se, listing himself only, not his broker on the case. The seller's agent released me from the contract after... View More
answered on Mar 31, 2025
Your case is very complicated. Realtors often lose lots of money on broken land deals, and real estate contracts often favor the realtor over the seller or the buyer. Find an attorney in your area who understands real estate closings. It might be hard because many solid real estate attorneys... View More
What is the procedure for selling a non-corporate church in Alabama, considering there are no bylaws, no involvement from the board of trustees, no property debts, no agreements on distribution of sale proceeds, and no restrictions from state authorities?
answered on Mar 31, 2025
Check the title records in the courthouse. Find the deed transferring the property to the church. Who or what entity owns the church and its land? The deed should say so exactly. Whoever has title has the right to sell. Whoever sells it would likely sign at closing an "seller's... View More
Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on
answered on Mar 31, 2025
To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of... View More
Can a retired pastor single-handedly put our church in Alabama up for sale without notifying the congregation, trustees, or the governing bodies? Our church, which has been part of a non-denominational assembly for over 75 years, is owned by the congregation, and there's no formal... View More
answered on Mar 28, 2025
The first question is: in what name is the title to the land held? It could be corporation, private party, religious non-profit, and passed to the church by a happy widow who never signed a deed. A seller cannot sell without title. No title insurance company would insure it, and no fire... View More
I have been maintaining the property next to mine for the past 25 years, including building a driveway and a garden. The owner has passed away, and the land is still in their name. I attempted to contact the family, but they have not responded. There are no existing legal agreements or deeds... View More
answered on Mar 28, 2025
There is a complex legal procedure known as "adverse possession by prescription" which "requires actual, exclusive, open, notorious, and hostile possession under a claim of right for a 20-year period." There is a ton written about it; it is essentially a squatter's law;... View More
I am the last surviving child and my mom passed away without a will. I am currently living in her single mobile home on 1.5 acres in Mobile, Alabama, and I am paying the mortgage monthly. My mom's name is on the mortgage and property title, and no other family members have any claim to her... View More
answered on Mar 21, 2025
When someone dies without a will, the estate is settled through the laws of intestate succession. If you were an only child, you are the sole heir if your mother died without a husband. You need a Mobile attorney to help you. The attorney would draft for you a Petition for Letters of... View More
I am in the process of purchasing a property and was instructed by my realtor, the seller, and the closing attorney to provide additional money obtained from a title loan company as an unexplained fee, which was not part of the original agreement. They advised me to wire all my funds without... View More
answered on Mar 7, 2025
No one who wants you to sign these docs appears to be loyal to you and you alone. A few questions:
Are you buying a home or an investment property?
Is the seller very eager to get rid of it?
Is there a lender?
Is the closing attorney working for you, the lender,... View More
My family homestead the property that we live on in February of 1924. Our pond was dug when my grandmother was a young teenager and she is now 83. According to property lines, from about the last third of our pond back to where our fence is located, is technically not part of our land. However the... View More
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answered on Jan 10, 2025
Hire an AL attorney to search both adjoining properties' titles. Acquiescence to the ascertainable boundary line (fence and corners) should convey title to you. It is a little different than adverse possession. You will have to file a boundary dispute unless you can get and record a... View More
answered on Dec 24, 2024
An Alabama attorney could advise best, but your question remains open for almost two weeks. You could reach out to attorneys who have experience in real estate/construction/civil litigation. In a case like this, the first thing the city is going to come back at you with is the fact that they were... View More
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answered on Dec 16, 2024
Giving you possession of deeds does not give you title, possession or anything but papers. Recorded deed conveyances from an owner over to you as grantee is what gives you title. Most likely the Decedents' Heirs own the properties. Hire an attorney to search the titles and determine... View More
The owner is deceased taxes not been paid for the year the owner has children but one is deceased one in mental home
answered on Nov 8, 2024
I have not heard of a three-year time period for adverse possession, but of a ten-year time period. (There is a three-year right of redemption of your own property if it is foreclosed upon.) I took on an adverse possession case not long ago. There is nothing automatic about an adverse possession... View More
No one else would help. I’ve paid the taxes for 8 to 10 years.
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answered on Sep 13, 2024
You can ask for reimbursement. If no money you can file suit for a Sale For Partition. There you can ask the judge to reimburse your share, but it is not for sure. The other option is to hire an AL attorney to search the title and draft a deed for all the other tenants in common to deed their... View More
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