Alabama Real Estate Law Questions & Answers

Q: how to transfer deed into my name from dead parent

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on May 21, 2017

I would recommend you contact a local probate or property attorney and ask about "heirship affidavits." Real property (land) vests in the heirs after two years. If you are the only heir, then you have legal ownership of the property, yet you need to have a way to show that ownership on the record. A new deed putting the property in your name with two affidavits from family friends (not relatives) swearing you are the only heir should vest you with good title. You would need to record those...
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Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on
Answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and regulations together with the applicable laws of the State of Alabama, the county and the municipality involved. He will have to examine the deed to the property and the City's subdivision permitting file. The...
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Q: If I have power of attorney over a joint owned property can I borrow against the home?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 8, 2017

If you mortgage the house the lender is going to require that you provide mortgagee's title insurance. You are not likely to be able to find a title insurer that will insure a mortgage which is signed by any owner under a power of attorney. Years ago you could, but not now. They found they had problems honoring powers of attorney. So your sister will have to sign the mortgage.

There are two core instruments created when you take out a mortgage loan. One is the promissory note, or...
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Q: Can I use a home that I jointly own with my sister as collateral without her involvement?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 6, 2017

No, you can't. All banks and mortgage companies require all owners of the property to sign the mortgage.
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Q: Alabama, when does the buyer take possession of the purchased property? Closing and possession date same on contract.

2 Answers | Asked in Real Estate Law for Alabama on
Answered on May 3, 2017

Normally the seller vacates residential property on the closing date, and the buyer takes it over empty. Of course, the terms of the contract can modify what's normal. Look at your contract. If it says they get three days to vacate then they get three days to vacate. If it doesn't, they don't. Its a bad idea to let the seller keep possession after closing. He could strip the place of fixtures and anything else he agreed could stay with the house. That would be illegal, but they could do...
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Q: We've notified our landlord of several spots of mold. He had a guy come take samples & we can't get the report. Have kid

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Answered on May 1, 2017

You should call a landlord tenant attorney who can help you draft a notice to terminate your lease for the unsafe and dangerous conditions. There is not much you can do to force your landlord to 'fix' all of the mold in the house, though you do have the right to terminate your lease if he refuses to do so. Most insurance policies specifically exclude damage and health problems that arise form mold infestation, and so suing your landlord, unless under very specific other circumstances, might be...
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Q: My brother and I are both listed on the deed for the land. Do we have equal rights to the property?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Answered on Apr 22, 2017

Yes. You each have an equal interest in the property. The deed can be written in one of two ways. Well, three ways, actually.

It can read that you hold title as tenants in common, in which case each of you holds an undivided one half interest. Under this form of ownership, either of you can sell your half to a total stranger, without the other's consent, and when either of you dies his share passes to his next of kin or to whomever he may have left it to in his will.

Or ii...
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Q: Looking to buy 10 acres of undeveloped land. The seller has stipulations A-S one of them is I have to follow rules and

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Answered on Apr 13, 2017

If you're just at the stage of discussing it verbally, and the seller says that he will insist on putting that in the deed, then yes, if its written in the deed then it is something you would be held to. That would be called a covenant or restriction that would be said to "burden" the 10 acres. Typically, the language used would bind not only you, but all subsequent owners of the ten acres. That would be called a covenant or restriction running with the land. Theoretically that would last...
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Q: Any Alabama real estate lawyers in the house. I need a question answered.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Apr 9, 2017

No, that alone would not make the deed invalid. However, without seeing the deed its not possible to tell for certain whether there's anything else wrong with it, or exactly what kind of title was passed. Assuming that the deed is in proper form and was executed and acknowledged or witnessed in the manner required by law, what you appear to have created may be a warranty deed. The use of certain words in the granting clause determine whether a deed is a warranty deed or a quitclaim deed....
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Q: If you have a bill of sale,warranty deed, and went to tax assessor, are you the rightful owner of the property?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Apr 4, 2017

There's no way to answer that question from those facts. You can have all of that and still have what is called a defective title, which is the label we put on the situation in which you find that, although you have a bill of sale, a warranty deed and have been to the tax assessor, sadly, you find that the property actually belongs to someone else - someone other than the person you think you bought it from.

Hire a lawyer.
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Q: If a restraining order is placed on me by my GF and I have to leave our house am I entitled to my clothes in the house

1 Answer | Asked in Constitutional Law, Criminal Law, Domestic Violence and Real Estate Law for Alabama on
Answered on Apr 4, 2017

You leave out important facts, like what the PFA warrant accuses you of having done. Appear in court on the date and time stated on the warrant. You have to do this regardless of what you "just want". If you don't appear you will be arrested again and will probably not be allowed to make bail until your case is heard in court. You would be well-advised to hire a lawyer to appear with you and help you present your side of the case. Otherwise you may go to jail. Tell the judge your side of...
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Q: Are sellers responsible for repairs to a house after closing? Such as electrical repairs or plumbing repairs.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Apr 3, 2017

Possibly. The answer depends on a number of things, including but not limited to the length of time that has elapsed since closing, the terms of the contract under which the house was purchased, whether you inspected the house before closing, whether you hired a home inspection company to inspect it for you, before closing, whether the electric and plumbing were defective on the closing date, whether the defects were obvious or hidden, whether the house was new or previously owned, and if...
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Q: My neighbor house burnt down 3 years ago, they will not tear the home down major health problem.

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Answered on Mar 18, 2017

You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a direct and proximate result of the nuisance condition of the property. If it is simply an eyesore, your efforts are better spent at the local government level and through your local representative on...
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Q: We live in Alabama.My mother died in 2003. She has a will leaving her estate to me and my 4 siblings. I am executrix

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on Mar 16, 2017

Your first problem is Section 43-8-161 of the Code of the Alabama, which provides:

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator.

This does not mean you do not have a solution to your problem. It means that you're going to have to get to that solution in a different way than would have been the case had you probated the will within the five year time limit.

The law of Alabama contains provisions that...
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Q: Q: My Mom put her home & land in my name, she has a life estate. Can I add my husbands name to the deed?

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Answered on Mar 9, 2017

First off, if your Mom has a 'life estate' the property is NOT in 'your name only' currently. Your Mom has an interest too.

Assuming this is a 'ladybird' deed you in fact don't actually own *anything* until your mother passes. If this WAS an honest to goodness present interest transfer with a reservation of a life estate (generally pretty rare these days) then you could do this. You could also 'quit claim' an interest you MIGHT receive (as in a ladybird deed) but seriously, this is a...
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Q: Does the board of a HOA in Alabama have to submit a yearly budget for approval to the association membership.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Mar 6, 2017

Like many questions of law, there is no direct answer to your question. You have to derive the answer from other things you know. There is nothing in the Alabama Code that requires an HOA board to adopt an annual budget. However, the condominium documents may well and probably do impose such a requirement. Check and see. Whenever the board DOES adopt a budget, then the Code steps in with this requirement: Code of Alabama 35-8A-303(c) requires that: "Within 30 days after adoption of any...
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Q: I am the only one on the mortgage and deed. I am working on getting it refinanced.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 24, 2017

The lender will probably require him to sign something subjecting or subordinating his homestead rights in the property to the lien of the mortgage. That's because most states (if not all) have created homestead rights in the home of a married couple and their minor children such that if one spouse dies, the other can stay in the home for the rest of their lives and their general unsecured creditors cannot attach the homestead property. The homestead right exists when the married couple or...
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Q: My brother and I share a house (heir property). Can he move in a friend against my wishes?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 21, 2017

Unfortunately, yes. All joint owners of real estate have equal rights of possession, and that includes having guests.
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Q: Our daddy died without a will or anything. Me and my sisterstep are heirs to the house. We decided to sign it over to

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Alabama on
Answered on Feb 10, 2017

If he died without a Will, you, your sister and your stepmother are probably the heirs to the property and you each will own a certain interest. Even though no one can make you sign over your interest, the other co-owners could force a sale for division. You would be entitled to fair compensation for your interest. In these situations I usually encourage clients to attempt to reach a compromise that helps all parties. If you are unable to reach an agreement then resorting to the courts might...
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Q: How to get ejection form started

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Alabama on
Answered on Feb 8, 2017

Alabama has a self-help law for landlords. Its easy for you to file your own eviction proceeding.

Just visit the Office of the Clerk of the Circuit Court in your county, ask for an eviction form (the official name of which is an unlawful detainer form), fill it out, give it back to the Clerk with the fee (which I believe is $297.00) and then be in court when the case is set, which the Clerk will explain to you.

WARNING: I am not your lawyer and providing you with the generic...
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