I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »
An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »
Mortgage lender is holding over $5,000 of my insurance claim funds from Hurricane Michael. I can't get them to release funds even though work is completed. They have came and inspected the repairs 2 different times. I had a disagreement with the contractor before he finished the work, so I... Read more »
The bank would release the funds to the borrower on the current mortgage when the time comes, even if you have refinanced with a different bank or sold the house. Make sure they have your current address at all times. Without a release of lien from the contractor the bank will not release the funds... Read more »
We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »
There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.
For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking... Read more »
On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.
There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.
There are only four heirs that is me and my three siblings and they are not getting along about who the title should be transferred to. To clear it up.
I do not know what "compliance" is, but the Intestate Succession Statute determines heirship. You may wish to hire a competent attorney to ask a knowledgeable family member who the heirs are, and draft the Affidavit.
Do I have to remove her first from the deed , or can I sell as is ? If so what steps do I need to take in order to get this done ?
You do not state what the granting clause exactly is. You might own one half, all or nothing. Hopefully a competent attorney can search the title,determine ownership, and draft an Affidavit of Heirship. Mother cannot execute a Deed now. Land rarely goes through Probate unless the Estate is... Read more »
Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »
You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez
Ok in 2016 I moved into my Dad’s trailer on his land which is in my dead step-mother’s name. My Dad said, This is your land now. But how is it my land if I don’t have a deed? I do pay the property tax’s on it. I hope you can help me answer my questions, I can’t stay in a run down trailer... Read more »
Did your step mother have a Will leaving everything to your Dad? If she did then you can get a deed. If not, then it goes to her next of kin and 50% to your Dad. Her next of kin will be her children and if there are no children then her parents and if no parents then her brothers or sisters.... Read more »
These bulls are destroying my fences, breeding my cattle, and have charged me and wife on our property. Repeatedly ask for repairs of my property, and contain these not ag animals.
Here's the primary law on it. There's a lot more than just this one, You can look at all the other Alabama laws on the subject by Googling Code of Alabama, and then choose the one that has the word "alison" in the web address. Scroll down to Article Three - Animals - and then... Read more »
My father put the land in mine and my brothers name years ago but kept the timber/mineral rights. He has cut timber many times. Now he wants to sell the land and we don't agree. Can he sell the timber/mineral rights to someone without our knowledge? WHat happens to the land then?
If the conveyance to you and your brother is enforceable, then his reserving timber and mineral rights will also be enforceable. That could involve the entire surface of the 120 acres. You apparently state that Father owns the fee in timber and minerals, but only a life estate in the property... Read more »
Before they die, parents want to deed land to children. Can a restrictive stipulation be included in a deed which only allows sell of any property to only be offered to the other children, or does this need to be included in a will? If original grantee sells land to a grandchild (not original... Read more »
You will need to hire a very competent attorney to draft a Future Interests Deed over to a Class of Family Members. It must not violate the Rule Against Perpetuities. It should tie up the property for at least a hundred years, but property taxes and maintenance could be problems. It is... Read more »
If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »
I want to start an LLC, as an absentee landlord & investor, I wan to employ a contractor whom will inspect my potential properties and sign purchase agreements, as well as other important documents for the procurement of properties. Is this legal to do in Alabama?
Possible and very easy. Just execute a special power of attorney empowering the person whom you want to sign documents to do just that. Be careful and make sure it is properly drafted.
My father is going to pay for 80% of a house I am buying and I will pay him back. He wants to legally protect his interests and is hoping to have a lien on the house. Is this possible? What is the best way to go about this?
Hire a competent attorney to conduct this transaction. A Title Search is the first requirement. You can give your Father a Note and a Mortgage to the property after he conveys by Deed to you. Record the Mortgage.
Died 18 yrs ago in Alabama. No will. Estate never probated. Heirs abandoned property 4 yrs ago. Left unpaid taxes
This is probably a good property to hire an attorney for. You need a Title Search and an Affidavit of
Heir-ship. You might buy it a Tax Sale (where you definitely need a lawyer to actually get Title) , or get the Heirs-At-Law to Deed it to you
i am purchasing a house directly through the owner and I didn't get a loan we just agreed on the payments. he takes half of the payments and puts it towards the interest and I don't understand how or if if it is legal.
Unless you have a Deed and have given him a Mortgage, you have purchased nothing. That is called a Lease and you are subject to a quick Eviction, not lengthy Foreclosure. Hire a competent attorney to analyze your situation. Either buy it or leave. Do not just lease thinking you are, or will... Read more »
There is a vacant lot near my current location. I would like to use this land for a community garden, but don’t know if it’s okay to legally use or not. I have consulted with a local realtor only to find out there are no past nor present history on the property. Can i use this land without... Read more »
Your local realtor has no idea. A title search should disclose the present owner, who you might ask permission of to garden. Using the property is a trespass, but could develop into adverse possession. Checking the taxes might also disclose the opportunity for legal acquisition. Investing... Read more »
what are the proceedures
There are no actions for adverse possession. You are talking about filing an Action for Ejectment, Boundary Line Dispute, Trespass, etc. It will involve asking the Court to declare you own the property due to adverse possession, either under statute or common law.
I am in the process of buying an old house (they don't even have the year it was built on record) that sits on the very corner of it's property. When looking up tax information I have seen some land line overviews that make it look like a corner of the house actually sits on the... Read more »
You can buy it, for what it is worth. You may not be able to get title insurance without a special endorsement or exception, which is usually only problematic if you need a loan to purchase. You need to do some research on how long the house has been there, there is a statute of limitations on... Read more »
There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.
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