Legal Question in Real Estate Law in Alabama

Can an illegal substance such as cocaine be used to satisfy the requirement of

During the early 1980's, I purportedly conveyed title to my home to a convicted drug-dealer for two (2) ounces of cocaine. My home was appraised at $35,000 then, the two ounces was $2,000 each. I was actively using cocaine and the dealer and I agreed that the property was simply collateral for the drugs repayment. Subsequently, the dealer was arrested, convicted and sentenced. While he was incarcerated I entered rehab. Later, I attempted to locate him to get my property cleared. I couldn't. Now he is attempting to foreclose on my property, unless I repay him the drug money, plus interest since 1984 for a total of approximately $18,000. Question. was the drug received good and valuable consideration under Alabama law? Is it possible that the transaction is unconsciousable or violative of public policy under Alabam law?


Asked on 6/16/00, 4:29 pm

1 Answer from Attorneys
David Forrester Forrester & Associates

Re: Can an illegal substance such as cocaine be used to satisfy the requirement

I believe that the transaction was unconsciousable and violative of public policy under Alabama and Federal law. If you can prove the facts and circumstances as you outlined you should prevail. The question is what does the paperwork (i.e. deed say) show. HOWEVER, under both state and federal law the house may be subject to forfeiture due to drug trafficing. Additionally, there may be criminal sanctions for drug activity for BOTH of you.

It is imperative that before you do anything that you contact an attorney.

Question? How was title conveyed, and was an attorney involved, if there was, and the attorney was aware of the underlying transaction this is a major problem. The Bar needs to know. While you can no longer sue him, and the Bar can not discipline due to the running of time (2 and 6 year maximums) the Bar would investigate and subject him to close scrunity and may well find something else to nail this guy.

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Answered on 8/20/00, 8:23 am


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