Alabama Real Estate Law Questions & Answers

Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house

1 Answer | Asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama on
Answered on Oct 20, 2017

Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her services as she made a transfer of assets within 5 years of making her Medicaid application. In other words she will be ineligible for Medicaid for a certain period of time (a penalty period calculated based on the...
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Q: My mother n law passed a year ago with no will and land only in her name. How do we put it in her son's name?

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

you will have to probate the estate. since she died intestate, meaning without a will, you will need to petition the court for letters of administration so that the estate can be divided up. you should get with a wills/probate atty to proceed with this action.
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Q: If an offer is made on property in writing, is it binding, or can you back out on it?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Sep 28, 2017

In answer to the first question, yes, the person who made the offer can back out so long as the owner has not accepted the offer, in writing, Before acceptance, the offer can be withdrawn at any time, for any reason, or for no reason.

The second question is slightly more difficult. The answer is probably yes, the owner can accept another offer made after yours. If the property was listed for sale with a broker the laws governing real estate brokers and agents come into play, and you...
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Q: Private road that runs over several others private property. Files and laws

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Answered on Sep 28, 2017

No, unless they asked him to do it, in which case the answer would be yes. Well, actually, anybody can sue anybody, but if no one asked him to do it and he sues anyway he will lose.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen...
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Q: If there are two heirs to a house, can one buy out the other while the estate is in probate? This is in Alabama.

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Answered on Sep 28, 2017

If the heirs / devisees can agree on a buyout amount, and the Personal Representative / executor is on board with that transaction, it can be done at any time during or after probate is complete.

Because everyone 'agrees' (clearly that really isn't the case though since one daughter doesn't want to do what you suggest!) doesn't mean the estate won't go through Probate. It needs to in order to make sure there are no claims, and that the title to property passes properly. This SHOULD be...
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Q: How can I get a second HUD lien removed from a foreclosed property purchased at auction?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Sep 28, 2017

That's easy. Foreclosure cuts off all prior liens, except tax liens, unless the IRS is notified in advance of the foreclosure in the special way they require, and then they will be cut off as well. No one can remove liens from the Probate records, they are there forever, but the foreclosure renders them ineffective and the title insurance companies know all this. For a period of one year after the foreclosure any prior lienholder and in certain cases certain members of the debtor's family...
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Q: My mother passed away. My dad recently remarried. However, he planned to leave his home to his children.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Answered on Sep 27, 2017

Your father can leave his property to whomever he likes. He can disinherit you children completely if he wants to. His wife is entitled to one third of his estate (all that he owns) if that one third is larger than her separate property. If her name is "on the deed" that would mean that the property is hers.
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Q: There are 3 acres of land near my property that I want to buy. The person selling the property will sell it to me

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Sep 17, 2017

You can't do it quite that way, but you can do something like it. It involves buying something called title insurance. Go to a local title company and tell them that you are purchasing the property and want to have title insurance. They will research the title and give you a written title commitment, that will state the conditions under which they will agree to provide title insurance if you do buy the property. The title commitment will state exactly what problems there are with the...
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Q: We have offered my wife's uncle's will for probate. He had 2 parcels, one with house on it and other directly behind

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on Sep 15, 2017

I wouldn't be drafting any deeds like that just yet, if I were you.

The will says what it says and the court is not going to be interested in what you think your wife's uncle probably didn't think.

If you've filed the will for Probate the Probate Court has jurisdiction and that is the Court in which you will have to raise the issue of what happens to the parcel behind the house. You'll need a lawyer. Your best bet would probably be to try to make a deal with the uncle's son, a...
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Q: Ibought a lot next to me in a tax sale,which owner live,s out of town.Mean while he sold me the land plus the tax,s .

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Answered on Sep 14, 2017

You say you had your lawyer draw up papers. You should be talking to your lawyer. If there are back taxes on the land you have to pay them or a tax buyer will pay them and get a tax certificate and later a tax deed to the property. Go back to your lawyer and get him or her to explain this to you.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me...
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Q: What kind of document do I need?

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Answered on Sep 14, 2017

This is pretty deep water here. First, you should know that making a deal to sell a house that is mortgaged to a bank will likely invoke a clause in the original mortgage that accelerates the mortgage -- that is -- makes it all due at once. Otherwise, if you get permission from the bank, you should make sure that you have a contract for sale and a vendor's lien deed to the house so that you own the house and the person who supplies the money only has a lien on the house. Don't do this kind of...
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Q: I bought a tax lein property from tax sale,owner sold it to me.I had title put in my name,sould I have to wait 3yrs.

1 Answer | Asked in Tax Law and Real Estate Law for Alabama on
Answered on Sep 14, 2017

This is a very trick area of the law. It works like this (basicly) When a person fails to pay taxes on land after a certain period, anyone can pay the taxes. That payor gets a tax certificate to the property. After three years, that person gets a tax deed to the property. DON'T be fooled into thinking that the tax deed means the land is yours. IF the people who own the land are in peaceable or even scrambling possession of the land, then they can pay the taxes and get the land back. You should...
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Q: Can I serve a trespass instead of eviction? original lease pur agreement, mh located on my real property?

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Alabama on
Answered on Sep 14, 2017

If there was an agreement in place that he would pay rent your appropriate remedy is eviction. If there is no rental agreement, then you would file an ejectment. That would be your appropriate remedy You need to hire a lawyer to help you with this. THese kind of home-made agreements often fall apart just like this.
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Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

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

You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can make you leave the property. The fact that he pays the taxes on these facts does not mean that he can get the property because he pays property tax. If he means to or not, he is paying property tax on...
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Q: Hello.my aunt died so I started paying property taxes she was exempted can I get my money back the state sold house for

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Answered on Sep 13, 2017

You need to provide a little more information. You paid the taxes on the house after her death. If you were paying the taxes, how did was the property sold for taxes? This is a pretty complicated area of law and you need to be more clear on what happened. Get at least a free consultation over the telephone on this so someone can help you sort this out. I can't answer from your small set of facts.
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Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Answered on Sep 12, 2017

The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10 days to get out or you will lose your right to get back into the house by paying the mortgage. The mortgage company will file a lawsuit to have you put out of the house. You have to pay to stay.
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Q: We put earnest money down on a house but found another we love more..not closed yet..are we legally bound ?

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

That all depends upon how the contract that you executed reads.
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Q: can 2 legally separate properties be sold with one contract in Alabama

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

One contract should be fine if the purchaser is the same and the seller is the same for both -- assuming there are no other problems, which could be anything from clouds on the title of either parcel, boundary problems, errors in the legal descriptions, violations of zoning or setback lines, encroachment on easements, etc. -- the usual real estate risks. But in and of itself, there is nothing inherently wrong with transferring multiple properties with a single contract. However, given the...
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Q: My dad owns land in Alabama that is solely in his name. Can he add my name to the deed without his wife's permission?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Aug 19, 2017

Yes.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The...
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Q: How long does my mortgage servicer have to apply reinstatement payment to my account?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Aug 13, 2017

This is really outrageous. Ditech has one of the worst reputations of any mortgage servicer, for things like this. A good lawyer can help you but not many lawyers handle this type of case, and you're going to have to dig to find one who does. Ask every lawyer who turns you down to refer you to a lawyer they think might take the case. Keep on until you have a good lawyer. They're out there. They're just hard to find, for cases like this..

Good luck with it !

WARNING: I am...
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