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Alabama Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Alabama on
Q: How long is a home in the "pre-forclosure" status before it is actually forclosed on?
Amanda B Cook
Amanda B Cook answered on Dec 17, 2019

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 »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: purchasing a home do you need the person on the title and to person on the deed
Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

"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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Student w/ active apt lease. Can I keep my bdrm locked during showings and when I’m gone out of town? What are my rights

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.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2019

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.

2 Answers | Asked in Real Estate Law and Small Claims for Alabama on
Q: My grandma died and my wife and I have been living I her house for 7 years and now my dad is trying to kick us out

Can he put the house in his name

Amanda B Cook
Amanda B Cook answered on Nov 25, 2019

That depends on a lot of different facts. Did your grandmother leave a Will? Is your father her only heir? I strongly recommend that you seek the advice of an experienced attorney.

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2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

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 »

Timothy Denison
Timothy Denison answered on Nov 24, 2019

You can take the property back and sell it to someone else. You have no recourse against the bankrupt buyer unless the bankruptcy isn’t discharged.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: I bought property in Alabama from out of state. Instead of going through all the faxing back and forth.

I had my daughter put it in her name since she lived here. What would I need to do to put it in my name. Would I have to pay or would she have to pay taxes on it.

Amanda B Cook
Amanda B Cook answered on Nov 22, 2019

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 »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My mother passed in 2015. I've been paying the Alabama property taxes on her land since. Can i get get it in my name?

She signed a power of attorney to my sister before she died.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.

If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on...
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1 Answer | Asked in Divorce and Real Estate Law for Alabama on
Q: What is the process for foreclosure on an abandoned home post divorce?

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 »

Kristine Jones
Kristine Jones answered on Nov 19, 2019

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 »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Alabama on
Q: My dad had a power of attorney over me. My grandfather left the farm to me and my dad . My dad signed me off deed and

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 »

Amanda B Cook
Amanda B Cook answered on Nov 18, 2019

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 »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: The deed to our Alabama family farm lists all my siblings and my mother's name. Are we joint owners Or heir property ?
Amanda B Cook
Amanda B Cook answered on Nov 7, 2019

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.

2 Answers | Asked in Real Estate Law for Alabama on
Q: If I sold my parents property in Alabama while my father was living (mother deceased) is it heir property?
Amanda B Cook
Amanda B Cook answered on Nov 5, 2019

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 »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: Can I sell my house that is in my name alone without my second husband's permission? He is not on the deed or mortgage.
Amanda B Cook
Amanda B Cook answered on Nov 1, 2019

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My father has allowed his brother to live on his land for over 20 years.

My parents have paid the property tax on the land all this time. Someone else currently lives on the land. Does my uncle have a legit claim to adverse possession under Alabama law?

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

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 »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

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 »

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Father lived on grandfather's land for last 20+ years, then land was sold, what rights if any does he have?

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?

Anthony M. Avery
Anthony M. Avery answered on Oct 24, 2019

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 »

1 Answer | Asked in Real Estate Law for Alabama on
Q: If 5 siblings own real property and all five die without will who gets property
Amanda B Cook
Amanda B Cook answered on Oct 11, 2019

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 »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is there a time limit that heirs of a property purchased for taxes on a deed can lay claim to that property?

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 »

Amanda B Cook
Amanda B Cook answered on Sep 23, 2019

Yes, and it can fluctuate under the facts of the particular case. You should speak to an attorney experienced in both Estates and Real Estate Tax Sales.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How to get land in my name after the people I bought it from died. There is no heirs

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 »

Amanda B Cook
Amanda B Cook answered on Sep 12, 2019

You may be able to file a claim for Adverse Possession. But you need to hire a real estate attorney to do this for you. These cases are very complex.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on
Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

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 »

Gary Kollin
Gary Kollin answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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