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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Alabama on
Q: I have a personal judgment against me If I open a LLC with a partner will any assets that the new llc acquires
William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

LLC's are typically treated as separate legal "persons" under the law. While an LLC may provide valuable legal protection and tax advantages, they cannot be used to defraud or avoid paying debts. A court may treat each situation as unique and apply the doctrine of "piercing the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Is securing home ownership insurance part of the financial process ? Can I get financing approved without it?

The home I inherited has a debt on it and the house is insured by the estate. Once the estate closes, is it too late to get homeowners insurance or do I need to do that now? I can work on financing for the house but what does that mean for the current insurance? Would I need insurance in my name ?

Anthony M. Avery
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answered on Feb 6, 2024

Most any lender will include property casualty insurance as a term of the Deed of Trust. So you will not get financed or will later be foreclosed upon, if you do not obtain home insurance.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Can a mortgage be completely erased if there was no insurance or any other money left behind to take care of it?

If a deceased person left a home with a debt to a beneficiary, regardless of married to them then or not, can or a will a mortgage company erase the debt? The surviving spouse wasn’t on the deed or mortgage. Only the deceased person.

If the surviving spouse gets the deed to the home put... View More

Nina Whitehurst
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answered on Jan 27, 2024

The lender’s mortgage survives the death of the borrower. If not paid the lender may foreclose and take the house.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: If a person is living with someone and they are not on the lease how can I put them out
William Vann Burkett
William Vann Burkett
answered on Dec 27, 2023

This will likely require you to file an ejectment action. An ejectment action is similar to an eviction but involves some unique procedures and rules. You should contact a local lawyer to discuss what claims you may have.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Someone is letting my wife live in there mobile home. But it sitting on my wife’s land. Can he evict her from the home?
Anthony M. Avery
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answered on Dec 12, 2023

No... But the owner can take the MH away.

2 Answers | Asked in Real Estate Law for Alabama on
Q: Neighbor installed new over flow pipe from his man made pond to go straight onto my land and it has cause lots of damage

I've tried looking up whom to contact without luck

Anthony M. Avery
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answered on Dec 6, 2023

That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
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answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a previous owner come back after 9 years to reclaim property. That you had ownership in.

Even if they not living there or done anything.

Anthony M. Avery
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answered on Sep 8, 2023

Yes they can... Hire an AL attorney that knows real property litigation. You could lose that land, but you probably have several defenses but will need some witnesses to your ownership not just the Deed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: A subdivision owner is claiming my land is in his subdivision, yet the legal description nor deed reflect that anywhere.

The subdivision owner is claiming I must follow their covenant rules even though my property is not legally described as being part of this subdivision. In the deed history the land was sold as a Tract to a party that foreclosed, where they agreed to do so, but the subsequent deeds from the county... View More

Anthony M. Avery
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answered on Aug 2, 2023

To really clear title, you will need an AL attorney to sue all subdivision owners in a Quiet Title Action. But first the attorney must carefully search that title. Any restrictions must be in your chain of title, not just someone else's.

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Alabama on
Q: My mortgage holder is having me evicted. I have a lease purchase contract. I never violated it.

He did not serve me properly. He filed in the wrong court. Yet the judge took it anyways. What do I do now? This shouldn't of been in Civil court at all. The judge in the appeal court never heard any of my testimony. Nor looked at any of my documents. I'm not sure if my attorney even... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jun 26, 2023

If you are currently represented by your original lawyer, you must seek advice from that person. There may be answers in response to your concerns and an appropriate course of action. If you seek new counsel, much more information is necessary. A new lawyer will need to review all documents and... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: in alabama wife’s house is being foreclosed on, can husband purchase home from wife?
Anthony M. Avery
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answered on May 26, 2023

Wife can convey her title interest to her Husband anytime prior to foreclosure, but it is still subject to the secured mortgage debt. It would be another reason for the noteholder to foreclose.

1 Answer | Asked in Real Estate Law for Alabama on
Q: My ex-husband was buying a home that is currently under mortgage. He died on 14 April this year. I have a copy of my jud

I have a copy of my final divorce decree and a judgment for $40,000. Will I be able to collect his equity in his property if I put a lien on his property. On what was his park property

Anthony M. Avery
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answered on May 3, 2023

You should have already recorded a certified copy of the Judgment with the Judge of Probate Office. It will be a junior lien and subject to extinction from the first lien's foreclosure. Obtaining the surplus is doubtful, and you also have a claim against his Estate if there is one to file in.

2 Answers | Asked in Real Estate Law for Alabama on
Q: if your home is listed with a real estate can you also try to sell " For sale by owner."
Vincent Gallo
Vincent Gallo
answered on Apr 7, 2023

That will what your executed listing agreement that you have with your broker provides for and allows.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: Does my husband have to be on deed if I purchase a vacation home in AL?

My husband and I live in FL. I want to buy a vacation house in AL. Does he have to be on deed?

Anthony M. Avery
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answered on Feb 20, 2023

No, you can own it individually.

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
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answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a tenant be required to vacate residential rental property immediately?

I am providing a tenant notice to pay rent within 7 buisness days.

Anthony M. Avery
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answered on Sep 13, 2022

No, you have to sue for possession and get a Judgement first.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If the estate of my wife's grandmother who is deceased is in her care does that mean that the property is legally hers?
Anthony M. Avery
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answered on Sep 13, 2022

No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... View More

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Unmarried couple on mortgage, now splitting. How to handle who gets house, buyout, or sell?

Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.

How does the process work for the one who stays and the one who leaves?... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their... View More

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