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... Read 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... Read more »
Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which... Read more »
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answered on May 2, 2023
If your grandmother gave you a piece of land, even if it was not included in her will, then legally you would have a claim to that land. However, if the property was sold without your knowledge or consent, you may need to take legal action to assert your rights to the property.
You may want... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
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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... Read more »
answered on Jan 11, 2023
Did you receive a Deed? No cause of action if a Quit Claim Deed. If a Warranty Deed, then demand or sue the seller for him to get title. When he does it immediately inures to your benefit because of After Acquired Title/ Estoppel By Deed under one of the four covenants of title. If no Deed... Read more »
answered on Nov 21, 2022
Tax liens can be handled in various ways throughout the State of Alabama. Because I do not know the county or city that you are in I cannot tell you which set of rules that your lien follows. It is very possible that you have a right to possession after purchasing the property at a tax sale but it... Read more »
Lived on property for 27 years I purchased the mobile home from individual that was on private lot I did pay a lot rent fee 75 a month to who I was made to me believe was the rightful owner but after 17 or so years I find out she has not owned the property since two years before me movin in so... Read more »
answered on Nov 7, 2022
Has an Ejectment action been filed? If so, then you must hire a competent AL attorney now to file an Answer and defend you. If no suit, you may be able to shore up your claim of ownership, with or without color of title.
she did not file probate when he died. We want to sell his mobile home. What do we do now?
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... Read more »
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... Read more »
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... Read more »
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?... Read more »
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... Read more »
The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?
answered on Aug 4, 2022
You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an... Read more »
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answered on Aug 4, 2022
You should contact a local attorney who can help you evaluate any defenses that you may have. An ejectment is similar to an eviction in that the landowner is trying to regain possession of his or her land. In Alabama, you generally have 30 days to answer a complaint the date of service. You... Read more »
State of Alabama. Settlement Offer to defendants: out of pocket: court cost $854; appraisal $750, publication fees $1127. Att fees: $6,850 (*1/2 customary 10% in partition case); Plaintiffs: $6,000. Total $15,581. The attorney did not assist defendants (provided names of heirs and appraisal) Why is... Read more »
answered on Aug 3, 2022
Alabama law typically allows the Plaintiff's attorney's fee and expenses to be paid from the proceeds of the sale. However, a judge may review objections and determine a reasonable fee for the Plaintiff's attorney. Because I do not know the specific facts of your case I cannot give... Read more »
was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.
My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »
answered on Jul 1, 2022
The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »
answered on May 4, 2022
Partition or Sale for Division is a cause of action under Alabama Law. To accomplish a partition of real property, a lawsuit will need to be drafted and filed with the appropriate probate or circuit court. Such actions can be very complicated and having an attorney is highly recommended.
yes. Have a will, and in article 3 of the will it gives my brother the title of personal representatives for the estate. It also say that he is free from the control and supervision of the courts to make the decision on the estate. Now the title company says we need to file a sale of division... Read more »
answered on May 4, 2022
The title company may be correct. If the property did not move through probate and the title documents were not handled correctly it is possible that multiple people hold fractional ownership interests. If there is a will or other document that has the power to transfer title or create a form of... Read more »
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.
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
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.
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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