Alabama Real Estate Law Questions & Answers

Q: I plan on selling my home which I live in to help pay off some current debt and help build a new home.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 31, 2015

Perhaps you should ask this of a local accountant or tax service.

Q: Can we be sued for backing out of closing on a new home just 2 days before closing if my husband suddenly lost his job?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 29, 2015

Yes. I strongly doubt that the contract was contingent on his remaining employed.

Q: Arms length transaction loophole?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 19, 2015

The short sale is the problem. If you offer to assume the entire mortgage debt, and bring the loan current, the fact that you and your late father's estate are not "at arms length", may not be such a problem.

Q: Can a mobile home be put in a subdivision that has filed covenants, but no HOA in place?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 19, 2015

Assuming that mobile homes are prohibited by the covenants, yes, you may have a case. Ask an attorney in your jurisdiction about suing to enjoin any mobile homes.

Q: I had my home up for sale by owner I showed the house to Mr.X /then listed it with a Realtor now Mr.X wants to buy?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Oct 2, 2015

Take a close look at your listing agreement with the Realtor. It will tell you what you have to pay. The language in the contract is controlling. You should get an attorney to assist you in this. Usually those agreements have language that protects the realtor under these facts.

Q: My sister and I own(both names on deed)our home. Can she legally evict me and take my half?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Aug 12, 2015

No, she can't. First, there is no contract of lease, so there can be no eviction. Second, if it is true that you and she were both deeded the property, then you have every bit the right to the land as she does and she can't eject or oust you simply because she wants to. Feel free to contact me if you need help with this.

Q: In Alabama, dad passed, no will, he owned 80 acres in his name only, how do I, my mother, and my brother split the land?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jul 30, 2015

If your father has been dead for five years, then the time for being able to probate the will has passed. In Alabama, a will must be probated, if at all, within five years from the date of the decedent's death. With no will, your father's property devolves to his heirs at law, which would be your, your sibling and your mother, assuming that your mother was married to your father at the time of his death. Documents can be drafted showing attesting to the fact that y'all are his heirs and a...

Q: In Alabama does a tax lien holder of land have legal right to enter property on land?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jul 30, 2015

If the owner does not wish for them to enter onto the land, then they are trespassers and the owner can demand that they not enter the land. One who holds a tax lien only as the rights to the land that the State of Alabama or the County in which the land is situated had to the land before it gave a deed to that land to the tax lien holder (i.e. the right to the taxes). The holder of the lien does not own the land outright. He must meet a certain set of requirements to be deemed the owner in...

Q: I have been with my common law husband for 16 years we are splitting up we bought our home together but only put it in

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jul 14, 2015

Unless there is a lease with you as the tenant/lessee and him as the landlord, then an action to evict will not lie in court, and he would therefore be unsuccessful in trying to evict you. A more appropriate action would be an action to eject you from the property. Important here is whether the two of you are actually common law husband and wife. Has there been any finding in court that the two of your are common law married? If y'all are married, then you likely have rights to the property...

Q: I lived common law with a man. I have maintained a house he inherited. How can I get this house into my name?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jun 27, 2015

Where you married to him when he died? Was there a will probated? Was an estate ever opened? Did he have any children with you? Did he have any children with anyone else? What "papers" do you have? Please contact me or James and we'll help you sort through this.

Q: Do I need the permission of my siblings to continue living on inherited place, I have been here 9yr.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jun 8, 2015

You don't provide enough factual information to allow me to provide a complete answer. I can read between the lines and guess that the facts are these: you live on a parcel of property that is owned by you and your siblings. Your father had a life estate on the property, but he has died. Thus, you and your siblings own the property now as tenants in common. If you live there, you are the tenant in possession of the property. They cannot just tell you to leave. They can take you to court and...

Q: Who inherent the house when my stepfather and my mother both decease without a will. Both names is on the deed.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 23, 2015

QUestion one. How is the house deeded and to whom? If the house deeded to stepfather and mother as joint tenants with a right of survivorship? Question two: who died first? If stepfather died first, and if the house were deeded to them both as joint tenants with a right of survivorship then the house would belong to mother at stepfather's death. At mother's death, the house would belong to mother's heirs at law -- her children (assuming she did not marry after stepfather's death). If one of her...

Q: Can a seller brech a contrat do to the death of his spouse

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 23, 2015

If you will provide more details, I will attempt to answer your question. What kind of contract? was the spouse a party to the contract? Please, tell us the facts.

Q: Do you have to disclose a naturally caused death when selling a house?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on May 23, 2015

You would only have to disclose this if you were asked specifically by a potential buyer. You have no duty to disclose that a person died in the house.

Q: We are trying to sell a property we inherited from our parents, but an old estate claim has shown up.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Apr 12, 2015

If the person who filed the claim lost in court, they do not have a claim on the estate. Some detailed facts would help here. Is the estate closed? IF not, you should move the probate court to disallow the claim. If there is no estate, and the person simply filed a lien against the property based on the lost lawsuit, you should first see if the lien is still valid. Many liens must be themselves reduced to a lawsuit to continue to be effective. This one would not under your facts because the...

Q: In an owner finance situation is a Vendor's Lien Deed and Promissory Note the only legal documents required?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Apr 5, 2015

A vendors lien deed is the instrument of conveyance in the property. A warranty deed is a different kind of deed and would not be used when a VLD is executed. The Vendor's Lien deed contains warranties. If you don't really understand all of this, you should go see a lawyer. Using deeds taken off the internet will get you in a world of trouble. Strictly speaking these are the two documents that you need. However, you should never buy property without a title search and a survey. When people buy...

Q: Liens were found on my house from previous owners. What steps do I need to take to get rid of this problem?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 18, 2015

short, the liens have to be satisfied or shown to be ineffective. THe first question is this: how did the title search the title insurance company did on the property fail to disclose the liens? Let me take a guess. There was no title insurance or title search. Lesson one, don't buy property without title insurance. The liens may or may not be still effective. You don't say what kind of liens they are. Some liens are good only for a limited period of time unless they are made the subject of a...

Q: If a person had a loan and mortgage from a bank in Alabama, and that person defaulted and the bank took the property

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 18, 2015

THe proceeds of the sale go to the cost of foreclosure and the balance owed. The bank can recover all of their costs of collecting the money through foreclosure before they have to apply anything to the balance. THe amount that is left over after they apply sale proceeds to the cost of collecting and balance is called a "deficiency" and they can sue you for that. The only thing that you have that is of any value is your right to redeem the property after it is foreclosed on. THis right of...

Q: If I purchase a foreclosed property can I pay the foreclosed owner for the right of redemption? (But their right of rede

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 17, 2015

Sure you can. Make certain that you document this carefully and that the person who is signing the redemption knows what he or she is signing. This is done all the time when homes are foreclosed upon.

Q: I have signed a real Estate contract & am unable to perform. What can happen if the buyer sues.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 1, 2015

That depends on the terms of the contract. If you agreed to do something in a binding contract, and you didn't do it, you are liable for the damages done to the other party. What does the contract say? Read it. I assume you agreed to buy a house, and could not sell it to someone else, and can't now buy the house. The contract itself will say what you will loose if you fail to perform on the contract. You can also be liable for the expenses the seller incurred based on reliance on your contract....

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