Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

According to Ala Code 35-6-101, I had 30-days to pay into…

Customer Question
According to Ala Code 35-6-101...
According to Ala Code 35-6-101, I had 30-days to pay into the court an appraised amount. However, the appraised amount was to be based on filing of an appraisal report into the court stating the amount of the property value. We live in Texas, the case isin Alabama. We are on record stating that we made several calls to check to see if the appraisal had been filed, but the clerk stated "no" in each case even well past the 30-day period we had by statute to pay the appraisal amount into the court. Now the decision was made entirely on the fact that we were not timely. Are there cases that set precedence that can help us argue this case? Does the fact that the record sow the notices were not sent out and we Checked numerous time by calling the clerk, mitigate the failure to pay the amount required in a timely manner? The judge said no, we disagree because we acted reasonably by calling numerous times, but got bad information from the clerks AND the clerk did not send the notices out in written as required by the judges order.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 23 minutes by:
2/23/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,303
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you did not file your appeal within the proper time, even though you may have had a chance by proving that no appraisal was filed so you did not know what to pay, the appeals court could not hear your appeal. Once the appeal time expired, your right to appeal was lost, so the appeals court could not hear the issues. Your only option remaining is going back to the lower court and filing a motion to vacate based upon the proof that no appraisal amount was ever given for you to pay. If the court denies the motion to vacate, then I am afraid you have a problem because the appeals court will not entertain it out of time.
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
It was the trial court that said I did not meet the 30 days not the appellate court. I am arguing the case to the appellate court now. The trial judge ordered their clerk to send noticed, they did not, but the trial court did not seem to care
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply and your clarification of the facts.
The failure to send notices and failure to have the appraisal sent to you to know what you had to pay is good cause for vacating the lower court's judgment. The lower court cannot punish you for not paying an amount you were never given the appraisal on.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 125,303
125,303 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,959 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,250 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,094 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a home in VA which would appraise for say $170K. The
Hi, I have a home in VA which would appraise for say $170K. The house is completely paid off. I would like to refinance the home or get a home equity loan but I can't because even though it's paid off… read more
Ray
Ray
Lawyer
Doctoral Degree
8,094 satisfied customers
We put an offer on a house in state and it appraised for
Hi! We put an offer on a house in Washington state and it appraised for $250,000 less than the asking price due to an issue concerning waterfront vs waterview. We used our low appraisal contingency to… read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
I an under a contract and after my first appraisal the buyer
I an under a contract and after my first appraisal the buyer sent an email to cancel their contract because the couldn't make up the difference. My Realtor contacted theirs and it was agreed that they… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,959 satisfied customers
Is it okay to ask the buyer to pay for his own appraisal or
Is it okay to ask the buyer to pay for his own appraisal or inspection after I promised that I would credit him? Tomorrow was closing but he has a problem with his lender. My realtor said it's too hig… read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
I paid $4600 for a commercial appraisal for a deli, gift
I paid $4600 for a commercial appraisal for a deli, gift shop with two short term rentals. The appraiser did the appraisal without 2017 tax returns and did not use comparable commercial properties in … read more
LegalGems
LegalGems
Juris Doctorate
12,269 satisfied customers
We own a house that just appraised for $225,000. We bought
We own a house that just appraised for $225,000. We bought it in 2002 and paid it off in 2015. We went to get a home equity loan of just $38,000 and everything was fine and we were approved. It was sc… read more
Ray
Ray
Lawyer
Doctoral Degree
8,094 satisfied customers
If an appraisal comes in low and the seller wants to place
If an appraisal comes in low and the seller wants to place the property back on the market doeS he have to disclose that low appraisal to a different buyer? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,959 satisfied customers
My husband died. The Tax appraisal district reappraised the
My husband died. The Tax appraisal district reappraised the house at more than twice the original value. The are now calling me a survivor. I have always been entitled and taxed as an equal owner of t… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
Selling a rental property. agreed to an offer, appraisal
selling a rental property. agreed to an offer, appraisal came in very low, buyer offered some cash to help. We agreed, signed documents, then got closing estimates. We were already underwater, cost to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
If an appraisal on my home is mis appraised. None. I didn't
I didn't close on new home yet but sold primary residence for $20,000 less than could of due to wrong appraisal.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
How do I argue to my town that my land is being appraised
How do I argue to my town that my land is being appraised for more than it should be? I know that my neighbors across the street have 19,166 s.f. and their land is appraised at 32,800. My land is 12,6… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,959 satisfied customers
I had an appraisal of my house for a loan, I've taken out
i had an appraisal of my house for a loan, I've taken out the entrance bathroom and made it into a coat closet, its different from the original plans , would that matter to the potential lender?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
My appraisal came in lower than asking price and the buyer
My appraisal came in lower than asking price and the buyer made an amendment to sales price. Under Ga law am i obligated to accept it and does this amendment over rule the original agreement? Thanks … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,959 satisfied customers
Lori, The seller just requested my appraisal report to help
Hi Lori, The seller just requested my appraisal report to help him proceed his discharge. Is it OK that I send the report to him? Thanks!… read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
Barrister, Now the seller wants my appraisal report to help
Hi Barrister, Now the seller wants my appraisal report to help him proceed his discharge. Is it OK that I send the appraisal report to him?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,959 satisfied customers
We recently had an appraisal done on our home as part of a
We recently had an appraisal done on our home as part of a refinance. The appraiser used comps that have us questioning whether they were appropriate or not. We own a ten acre horse property in a comm… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
Well im refinancing my but the appraiser did my home n the
well im refinancing my but the appraiser did my home n the one next to it.he combined both he said i have a covered patio between the two homes. which takes part of both properties … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
125,303 satisfied customers
I am an appraiser and was called to testify in a divorce
I am an appraiser and was called to testify in a divorce case for a market value appraiser I did on behaf of the wife. The laywer for the husband has asked for all my records. USPAP says that I cannot… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,818 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x