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Alabama Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to... Read more »

3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on
Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

We are both married and we each have our own mobile home on the 8 acre property and the other 3 mobile homes have family members residing in them and they all pay one towards property tax and insurance and any other expenses that are for the property. Just don’t want all of us to lose our homes... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 18, 2019

If your mother files Chapter 7 bankruptcy, you will be in a legally conflicted position as regards her interests in obtaining a discharge and as regards the "bankruptcy estate" created by operation of law upon filing. A Chapter 7 Trustee will be assigned to her case who has the duty and... Read more »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: Do I need legal counsel when purchasing real estate (new lot on smith lake) Seller is Alabama Land Sales of Jasper.

The Community Information Summary provided by the seller stated that the "Buyer is encouraged to seek legal counsel regarding any purchase of Real Estate". My loan should be finalized this week. Closing is scheduled by 12/28 "contingent upon final plat approval".

Vincent Gallo
Vincent Gallo answered on Dec 16, 2018

If you do not have your own legal counsel, how do you know what you’re getting yourself into?

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Legal Options for Co-ownership of mortgaged property.

Myself, brother, and his best friend decided to buy a house together. My brothers best friend obtained a VA loan and he bought a house. We agreed to share all costs in purchasing house and share ownership. However we have closed on the house and paid the first month mortgage and he is now claiming... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 5, 2018

If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am on q month to month lease and my LL sent me a text on 8/23/18 stating that Sept would be my last month.

That's all the text said. So I asked is October 1 day I have to be moved. He responded yes. I did ask for something in writing never received. Then I received another text stating that if I stayed past 9/30/18 rent would be 3 times monthly amount $2670.00. Is this legal? I would understand a... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 19, 2018

I assume this is an Alabama question. No. he must terminate your tenancy in writing and serve that on you.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Is it required in the State of Alabama that everyone over the age of 19 MUST sign a rental agreement?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 18, 2018

There is no such legal requirement.

1 Answer | Asked in Real Estate Law and Estate Planning for Alabama on
Q: My husband has a house in his name only that he purchased before were married.

His adult daughter is his beneficiary & inherits the house if he were to pass away. Since this is my home but my name is not on the mortgage or the deed, am I entitled to inherit the home before she were to inherit it?

Jack T. Carney
Jack T. Carney answered on Sep 3, 2018

You would be entitled to inherit the house if your husband designated you as the beneficiary in his valid Last Will and Testament (or added you to the deed). If he died without a Will, then Alabama law directs that one-half of the assets in his name pass to his spouse and one-half pass to his... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Alabama on
Q: I was awarded my property in divorced 9yrs ago but the mortgage was in my exspouse name only

I lost it in a fire..total lost now theres escrow check and I want the loan company to send it to me what can I do..to have it sent to me and not my ex...Help in Alabama

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 31, 2018

The draft from the insurance company should come to both the owner of the property (you ) and the bank You are entitled under the divorce to the net amount. If she were to get the check and refuse to endorse it to you, you can always go to the COurt to make that happen. You might start by sending a... Read more »

1 Answer | Asked in Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My husband and his late deceased wife were on the deed to house, we are attempting to sell, why can’t we?

They are telling us that because they were married and jointly on the deed that her children have to sign the deed stating the house goes back to my husband who is the original owner of the home before she ever came along, he added her to the deed later. Why are we unable to sell the house without... Read more »

Jack T. Carney
Jack T. Carney answered on Aug 28, 2018

This issue arises a lot and is usually caught by a title company when someone tries to sell a home. I cannot speak to your specific situation without seeing the deeds, but it sounds like what you are hearing is correct (even though I admit it seems terribly unfair).

When your husband...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: What are the range of legal fees to have an Alabama "Survivorship Deed and Will processed legally?

Are there any pro bono or financial assistance in Alabama to have these documents processed legally?

Jack T. Carney
Jack T. Carney answered on Aug 7, 2018

An attorney cannot really provide a fee range until learning a lot more about the situation. Most attorneys would bill hourly for their work, which is a pretty fair method for all parties. It can be difficult to obtain pro bono assistance for estate matters (as there are assets), but if your... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Inspection contigency of home buying contract

I'm under contract for a house and after inspection we recieved an estimate for some minor structural issues, and the seller is refusing to give credit for those and giving us 2 options:

1-let him fix the issues

2-reject option 1 and hes holding the earnest money.

Are... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 2, 2018

Because I don't know what your contract for sale says, there is no way I can answer your question. The contract should set out that if the inspection reveals issues that should be repaired that you can get out of the deal and get your earnest money. But.... I don't know what the contract... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My father has Alzheimer’s and is in a memory care unit. My sister is his guardian re medical. A lawyer conservator

handles finances and estate. Recently I became aware conservator had neglected to pay estate property taxes, so I paid them. Conservator is now evicting me from my father’s house, have me 7 days to vacate, hasn’t reimbursed me for taxes. Do I have to go?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 20, 2018

Several legal points. He can only evict you if you are a renter. If the taxes were paid by you, you simply paid taxes on behalf of the estate. Did you RENT the property from the estate or your father? If you are not a renter, his action for eviction is due to be dismissed. You need an attorney. Go... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Could the 2017 Code of AlabamaTitle 7 - COMMERCIAL CODE. Section 7-2A-103 and 108 be applied to a retail space lease?

Having issues with a retail space contract, no notice of raising rent and CAM fees (less than 30 days), and imposing previous months fees on the smaller businesses in a shopping center. There is a cap on the rent and CAM fees in our leasing contract.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 24, 2018

Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: What documents are required for real estate owner financing in Alabama?

Owner resides in Arizona, property is in Alabama.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 22, 2018

I assume what you want to do is sell a parcel of real property to a person and finance it for the buyer. The simplest way to do this is with a Vendor's Lien Deed and a Promissory Note.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alabama on
Q: My father is deceased and we got a letter to pay his land/home taxes. His wife is MIA. How do I take over the estate?

The taxes have been paid through last year. My stepmother might live in a different state now. Her son was living in the house but might have moved. We have been estranged for years. I would like this property but I can't find out of there is still a mortgage or not on the house and land. My... Read more »

Kristine Jones
Kristine Jones answered on May 8, 2018

You should contact a property law attorney (preferably where the house is located) and she/he can help you figure out about the mortgage/deed issue. If they can't help you with probate matters, then you would need a probate attorney to open his estate. Best of luck!

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Banking for Alabama on
Q: How do we cash a check with 2 names on it after one has died?

An insurance check has deceased and her daughter's name on it.

Kristine Jones
Kristine Jones answered on May 8, 2018

Depends on if the check says "and," "or," or it's silent as to one of those.

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: Reverse mortgage left on home that we were left in grandfather's will. They trying to auction property off. Please help

Are we liable for a line of credit loan on a HECM reverse mortgage loan that states NO REPAYMENT in contract. How are they trying to auction said property. Please help

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

The reverse mortgage lender has a security interest, or “lien,” on the real estate. You may be able to file a Ch 13 Bankruptcy case if you have an expectancy legal interest in the property as a legal heir. You would not be personally liable for the reverse mortgage if you simply surrendered... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Alabama on
Q: What are my foreclosure rights re: owner financed home as owner. Can I reclaim and evict in Alabama

Selling home which I own outright. Need to know in event of default if I have a right to reclaim and evict in Alabama. Selling it at auction would not be an option. Can I hold the title until it's paid off? Doing my homework in advance. Thank you.

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

To answer the question you would need to disclose if this is an Alabama Contract for Deed or a Vendor Lien Deed, both of which would ( if drafted properly) set out your legal remedies in the event of “default,” which should also be defined in the document.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Alabama on
Q: Does a HOA have the right to decide if I extend my driveway or not?

I live in a neighborhood with a HOA. My house is on a culdesac with an empty lot next to us (the empty lot has been deemed not build-able). I want to extend my driveway about two-feet towards the empty lot, but still on my property.

Samuel G McKerall
Samuel G McKerall answered on May 2, 2018

That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Probate and Small Claims for Alabama on
Q: if my uncle signed everything into his girlfriend's name then dies the next day is she still entitled to the estate
Jack T. Carney
Jack T. Carney answered on Apr 2, 2018

I can provide a general answer, but you may need to speak to legal counsel who can provide you with specific recommendations and advice, which would require an attorney to closely review all of the facts. For example, "signed everything into" could mean a transfer, a payable on death... Read more »

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