Alabama Real Estate Law Questions & Answers

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 Jun 25, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
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.

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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 Jun 6, 2015

Answered on Jun 8, 2015

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Mr. James Parrish Coleman's answer
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...

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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 May 17, 2015

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
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...

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

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

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
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.

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

1 Answer | Asked in Real Estate Law for Alabama on May 20, 2015

Answered on May 23, 2015

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Mr. James Parrish Coleman's answer
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.

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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 Apr 10, 2015

Answered on Apr 12, 2015

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Mr. James Parrish Coleman's answer
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...

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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 Apr 2, 2015

Answered on Apr 5, 2015

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Mr. James Parrish Coleman's answer
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...

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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 Feb 12, 2015

Answered on Feb 18, 2015

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Mr. James Parrish Coleman's answer
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...

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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 Feb 12, 2015

Answered on Feb 18, 2015

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Mr. James Parrish Coleman's answer
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...

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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 Feb 14, 2015

Answered on Feb 17, 2015

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Mr. James Parrish Coleman's answer
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.

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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 Jan 29, 2015

Answered on Feb 1, 2015

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Mr. James Parrish Coleman's answer
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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Q: Can I take title on a condo in Alabama in the name of my Louisiana LLC

1 Answer | Asked in Real Estate Law for Alabama on Jan 24, 2015

Answered on Jan 25, 2015

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Mr. James Parrish Coleman's answer
Of course. The Louisiana LLC must, however, register in the State of Alabama under the applicable Alabama statutes. If the Louisiana LLC does not, contracts entered into by it would be void. In short, register the Louisiana LLC in the state of Alabama as a foreign LLC and then do business (like owning property and entering into the associated contracts) in the State of Alabama.

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Q: Our mother has recently died & in her will she left her house, which has no lien, to us 3 daughters. Myself & one of my

1 Answer | Asked in Real Estate Law for Alabama on Jan 20, 2015

Answered on Jan 24, 2015

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Mr. James Parrish Coleman's answer
Has the will been offered for probate? You can deed the house to her after the estate is probated. The will has no legal effect unless you offer it for probate. Even without opening an estate, you may be able to deed the house to her using what are called heir-ship affidavits. THis would not offer the protection from your late mother's creditors that an estate would provide. You should contact a lawyer concerning this. It is pretty easy to cloud the title on the property if this is not done...

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Q: Can I re-finance my home if someone has filed a property lien against it?

1 Answer | Asked in Real Estate Law for Alabama on Sep 11, 2014

Answered on Sep 11, 2014

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Mr. James Parrish Coleman's answer
The lien will have to be satisfied or otherwise dealt with. The lender will decide, but will require that the new note on the house will come before any liens.

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Q: If I have paid the taxes, Insurance and maintained the property of my parents for the last 30 years do I have any rights

1 Answer | Asked in Real Estate Law for Alabama on Aug 1, 2014

Answered on Aug 2, 2014

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William E. Scully Jr.'s answer
No, it's not that easy. There are limited circumstances where paying the taxes can get you title by adverse possession, but there are a lot of additional conditions that must be met before you can get title in this way. Sounds like your folks are still living in the house. If so, it's pretty much impossible for you to get title by adverse possession since you aren't actually in possession...they are! If your parents want to leave the property to you they can do so in their wills.

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Q: what is a quick claim deed in the state of Alabama? Does it mean that when I sale my house all the money is mine?

1 Answer | Asked in Real Estate Law for Alabama on Jun 12, 2014

Answered on Jun 14, 2014

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William E. Scully Jr.'s answer
WARNING: There are a lot of shysters going around using this quitclaim deed thing as a way of trying to make money on other people's hard times. Here's what they do: They know you need to get out of the house but haven't been able to sell it. They offer you some cash and tell you that they will take care of the mortgage, all you need to do is quitclaim the property over to them. You sign the deed...but little else is in writing, and what's there is very shady. They then turn around and...

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Q: Can I put a mortgage on a commercial building that someone is leasing to own from me?

1 Answer | Asked in Real Estate Law for Alabama on Jun 13, 2014

Answered on Jun 14, 2014

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William E. Scully Jr.'s answer
Depends on the terms of your 'lease to own' arrangement. Do you have something in writing? If you have a writing, is it recorded? If it's recorded then the lender might not loan you money. You also need to pay attention to the mortgage application and agreement you might be assuring the lender that you are in possession of the property. Generally, though, as long as you can deliver title, free and clear of the mortgage, when the lessee is entitled to it, then mortgaging the property isn't...

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Q: Do I own the church because I signed as a trustee of the church on the warranty deed before the church was incorporated.

1 Answer | Asked in Real Estate Law for Alabama on May 26, 2014

Answered on May 28, 2014

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William E. Scully Jr.'s answer
Seems like I already answered this question. No. You do not own the church. First of all, Alabama has something called an Unincorporated Nonprofit Association. You can look it up: Alabama Code Section 10A-17-1.01 to 10A-17-1.18. Your church probably qualifies as one of these, and the actions you take as a member of the governing body of your church, you take on behalf of the church...not yourself. Now, what you are saying doesn't really make sense. When somebody buys property, even when...

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Q: I have a poa for my father. I put his property in my name with a bill of sale that he wrote, after he died and used both

1 Answer | Asked in Real Estate Law for Alabama on Mar 11, 2014

Answered on Mar 26, 2014

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William E. Scully Jr.'s answer
Sounds like you have a huge mess on your hands. There are huge issues at stake here. Hopefully the attorney that you consulted with can help you, and you certainly should contact him. First of all, there is no such thing as a 'bill of sale' for real estate. You might mean a deed, but your use of that terminology makes me nervous. Second, it is possible that you should have opened an estate for your father upon his death...you see, your authority to use the power of attorney STOPED when...

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