That depends on the policy of the financial institution. A bank, within the bounds of certain guiding federal regulations, can allow a debtor to forbear, modify, or refinance a loan as it deems appropriate - usually by internal written policy of the bank. Notice of the foreclosure has to be...Read more »
"Title" is an amorphous concept in real estate law. A "Deed" is the instrument you record at the courthouse to evidence your "claim to title", but there can be competing claims to title even if there is a recorded deed. Your question is a little unclear, I suggest you get a consultation from an...Read more »
I’m a student w/ an active apt lease, I was not provided an intent to sell from PM, only day & time of showings. Apt went on mkt days after water damage (that still hasn’t been repaired) from a water heater was reported.
Unless the Manager destroys or steals your property, what would be your damages? There is no cause of action here. Even if the Manager and Customer hurt something, how would you prove it? Generally a landlord can enter the premises.
Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »
You will need an Alabama attorney to draft a deed. the taxes are due and payable and you should pay them before Dec. 31. Whether they will accept a check from your daughter depends on the practice of the local revenue commissioner. You should call the number on your tax bill to explain the...Read more »
After our divorce, my ex stayed in our jointly owned home for 2 years and then abandoned it about 6 months ago. He also stopped making payments then. Foreclosure is now the only way to get my name off of the loan. How long does that process take and does the home being abandoned change the usual... Read more »
Hello, without reading your settlement agreement or decree, it is difficult to know how to answer. Normally there is language that protects the ex-spouse in your position so you can take him back to court for contempt e.g. non-payment of mortgage, etc. Foreclosure will not get your name off the...Read more »
Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »
It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and...Read more »
That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.
How can you sell something that is not yours? Your question is much too vague for any real estate attorney to answer over the internet. A lawyer will need to examine the title to see what rights, interests, and responsibilities all parties have regarding the real property. I strongly recommend that...Read more »
An attorney will need more facts from you to answer this question correctly. The short answer, though, is that if you sell to someone who needs a loan for the purchase, they will have to buy title insurance. And a title insurance underwriter will generally require at least a quitclaim from any...Read more »
The answer is that "it depends" on whether you can prove he resided there with permission. Also, there are some very specific rules regarding AP and how those rights can be asserted. You will need to speak to an attorney experienced with AP issues in order to understand everyone's rights and...Read more »
I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently... Read more »
The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent...Read more »
My father built a house on and has occupied land owned by my grandfather in Alabama for the last 20+ years. A month ago the land was sold to another family member. What rights, if any, does my father have in this situation?
Obviously he may have a claim to title by adverse possession, and that the recent deed was void for champerty. However you apparently know nothing about the title, which needs to be searched. The Father probably should have intervened in the sale, by quiet title action, etc. He needs a competent...Read more »
There are too many unanswered questions in your fact pattern to give a definitive answer. It would be best if you can see a real estate or probate lawyer to ask your question, so that the lawyer can get all relevant facts from you before giving you an opinion. There is no simple answer from what...Read more »
The tax deed was held for 20 years. Upon doing the title work, it was discovered that the deed was purchased from the state of AL after the owner died with heirs. The deed-holder possessed the house as a rental. He did not contact the heirs and they did not reach-out to him. The closing attorney is... Read more »
I bought land from a couple and it paid off in 2008. Afterwards they left me a note in the mailbox that says I now need to pay the taxes myself. I have been paying the since 2008. They have died before they ever sent me the title to the property. There is no estate or heirs. So I do I get a quit... Read more »
The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to other... Read more »
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