Legal Question in Wills and Trusts in Alabama

I bought land from an estate from the executor. we used the same lawyer plus the lawyer also handled the mortgage for me. Now I have found out that theland had a mortgage already on it and it has been foreclosed on. Is there any thing I can do to keep my land? I have an executor's will but because I was new to buying land I did not get a title search.


Asked on 6/29/10, 6:53 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

The first thing I would do is find another lawyer! Seriously, take all your paperwork, including the deed, to another lawyer and have her/him review it. Normally a deed will contain language to the effect that the seller is offering warranties of title to you and if he sold it subject to a mortgage, he may have violated that provision.

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Answered on 7/08/10, 12:23 pm


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