Who can sign for an inherited house?
Often, the personal representative can sell once the person with authority is clear. The probate court appoints that representative, usually the executor named in a will, and the court's letters show the appointment. A will generally must be filed for probate within five years after death. If the will expressly gives the representative power to sell, the sale can usually proceed under that authority; otherwise, the representative needs probate-court approval before selling estate property. If no estate is opened, heirs may be able to sell together, but everyone with an ownership interest must participate. Estate debts and a surviving spouse's rights can still affect title. The title company or closing attorney confirms what the actual papers require.
Ala. Code §43-2-844, personal representative's sale authority · §43-8-161, filing a will for probate · §43-2-830, estate administration and family rights
Foreclosure sale and redemption deadlines
Often, yes, you can sell before an Alabama foreclosure sale if closing happens first. A mortgage with a power of sale lets a lender foreclose without a court case. The sale notice generally must run once a week for three successive weeks in a newspaper in the county, or an adjoining county if none is published there.
After the sale, certain people have a limited right to buy the house back, called redemption. For residential property with a homestead exemption claimed in the year of sale, the usual period is 180 days for a mortgage signed on or after January 1, 2016. Other property and older mortgages generally have a one-year period. For qualifying homestead property, missing required notice can change when the redemption clock starts, but cannot extend redemption beyond one year after foreclosure. Redeeming means paying the sale price, interest, and lawful charges, which can include improvements, taxes, and insurance. If the purchaser also owns the mortgage debt, the remaining debt and interest can be due too. A debtor or mortgagor still in possession must leave within 10 days after the purchaser's written demand or risk losing redemption rights; redemption is not extra time to stay in the house.
Our agreement of sale will often get a foreclosure sale postponed so we can close. Signing alone doesn't postpone it automatically; we use the agreement to ask for the postponement, and it works more often than people think. Check the actual notice and sale date; the agreement does not change Alabama's legal deadlines.
Ala. Code §35-10-12, power-of-sale foreclosure · §35-10-13, sale notice · §6-5-248, redemption periods and notice · §6-5-248.1, older mortgages · §6-5-251, possession after written demand · §6-5-253, redemption amount · Dothan foreclosure guidance
A tenant still lives in the house
A sale generally does not cancel the lease; the buyer takes over as landlord subject to it. Gather the lease, deposit records, current notices, access limits, and possession expectations before choosing a sale plan. Ending a month-to-month tenancy generally takes written notice at least 30 days before the periodic rental date; a week-to-week tenancy generally takes at least seven days. A fixed-term lease or other legal protections may require a different approach.
Ala. Code §35-9A-141, rental-agreement terms · §35-9A-201, security deposits · §35-9A-441, ending periodic tenancies · Dothan tenant-occupied property guidance
Alabama deed tax and closing costs
Alabama charges deed tax when the deed is recorded with the county probate judge. The rate is 50 cents for each $500 of taxable value, or any part of $500. A mortgage or vendor's lien may reduce taxable value when Alabama mortgage tax has been paid on it; the closing attorney confirms the amount. The deed must include proof of the actual price or value, and some deeds are exempt.
When you sell to us, we pay the closing costs, including Alabama's deed tax. Your mortgage, liens, back taxes, and share of current property taxes are separate.
Ala. Code §40-22-1, deed tax and taxable value · Alabama Department of Revenue recordation tax