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answered on Aug 7, 2023
In most jurisdictions, if your rental property becomes uninhabitable due to issues like sewage backups, the landlord or rental company may be required to provide temporary housing, such as a hotel, until the issue is resolved and the property is habitable again. This is typically based on local... View More 
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answered on Aug 6, 2023
In general, the ability of a management company to run a Homeowners Association (HOA) meeting may depend on the provisions in the HOA's governing documents and applicable state law in Alabama. It is advisable to consult with an attorney familiar with Alabama HOA laws to determine the rights... View More
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
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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.
The mortgage company is saying they can make me a successor of interest (her daughter). What is that and can I sell her house in the future? She had no debt except the mortgage and some back income tax. I have tried to get information from the IRS about her tax bill, but no one will help me. I am... View More
answered on Jul 27, 2023
If the mortgage is not paid, the mortgage company will simply foreclose on the property, sell it, and apply the proceeds to the unpaid mortgage amount. If there is a deficiency, it will submit a claim to the personal representative of your mother's estate when it is probated. If there is a... View More
The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?
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answered on Jul 17, 2023
In the state of Alabama, there are laws that address timber trespass and unauthorized timber removal. One such law is the Alabama Timber Trespass Law, which allows landowners to seek compensation for damages resulting from unauthorized timber cutting on their property.
Under this law, if... View More
I want to buy some vacant land for myself to retire on in South Alabama. My husband wants to stay in Central Alabama.
answered on Jul 6, 2023
No law prevents a spouse from acquiring or selling land without the spouse. Alabama law does protect spouses through probate and family from being left broke by a spouse who liquidates property. Ala. Code Section 35-4-73 (a) says:
"No deed, contract, or other conveyance of land or... View More
Tuscaloosa Court House but she did not redeed it to him. There is only one sibling left and now she wants to sell the house, what can I do as the widow of the son. Does the house belong to me?
answered on Jul 4, 2023
This is a complex question. A stated intent is not enforceable. In probate and real estate law, written and notarized documents, i.e., deeds and wills, rule.
If the person whose name is on the deed as owner of the property died without a will, then the property is ruled by the laws of... View More
My mom thinks that she has to do some weird legal workaround so that when we inherit her property we won't have to lose a ton of money on inheritance. I've researched as much as I can but she's not convinced. I've looked at AL and federal tax laws and can't find anything... View More
answered on Jul 4, 2023
Your mother may be worried about inheritance taxes, which are taxes on what you inherit. Fortunately, there are no federal inheritance taxes, and, just as well, there are no Alabama inheritance taxes. She will not pay taxes on what she inherits (unless, perhaps, she moves quickly to New Jersey,... View More
Lease is until 3/2025. I don’t want to evict them due to divorce and having to split assets.
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answered on Jun 30, 2023
The contractual right to receive rents will be marital property, which must be addressed specifically in the Divorce. Dealing with tenants, evictions, maintenance, and any other rental duty, must be expressed in clear terms as to who has authority and the duty. Also a potential term should be... View More
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
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
I am not sure if they can do this or if it would be good for me to sign for the conversion. Thanks.
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answered on Jun 8, 2023
That means you have a Lease With Option To Purchase, and own nothing. A Deed to you with a Vendor's Lien on it means you own it subject to a Lien, which needs to be complied with and released of record upon satisfaction. If you do not pay, Lienor can execute on property. You might want a... View More
I am purchasing my home with a Contract for deed for the last 4 years. Received an email today from seller wanting to change my Contract for deed to a Vendor's lien deed. What does this mean for me?
answered on Jun 7, 2023
Without being able to read minds, my best guess is property taxes. With a contract for deed, you don't own the property and therefore are not responsible to pay the property taxes. Of course, you are running a huge risk that the owner ultimately won't transfer title, or that the owner... View More
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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.
Bob owns a 7 acre parcel. Bob and Betty jointly own an adjacent 14 acre parcel. Bob and Betty bought a mobile home and placed it on the parcel Bob owns. They jointly signed a mortgage for $70,000, pledging the two parcels as security. The mobile home became a part of the 7 acre property as an... View More
answered on May 16, 2023
There is no right or wrong answer. It depends on what the parties agree to.
But, if they sell the 7 acre parcel with the mobile home, the presumably will get more because of the value the mobile home adds. Unless they’ve not kept the mobile home in good repair, one would assume the... View More
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
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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.
to get our part. The house and 5 acres is what is left. I took care of my mother and moved in with her until her passing. I have lived there and my brother has trailer on the 5 acres along with his son who bought out another grandchild part. So I still have my part but am being told that my brother... View More
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answered on Apr 10, 2023
If you are a tenant in common, then you own an undivided interest. And any possessory/ejectment proceedings will be dismissed. But it sounds like you should hire an AL attorney to search the Title and determine exact ownership now, prior to any suit against you. A Partition Action might be in... View More
answered on Apr 7, 2023
That will what your executed listing agreement that you have with your broker provides for and allows.
My husband and I live in FL. I want to buy a vacation house in AL. Does he have to be on deed?
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answered on Feb 20, 2023
No, you can own it individually.
people whose names on the deed are both deceased. There was no will reading, no one truly knew who it went to. It was sold recently by a family member without telling others, and then resold two weeks later to someone else.
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answered on Feb 13, 2023
The actual Heirs need an AL attorney now to file suit for Ejectment. It will be difficult and expensive but the alternative is losing the property forever very quickly. A Title Search should be performed first so that all interested parties are sued.
We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More
answered on Feb 10, 2023
Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.
However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the... View More
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