Calera Construction Lawyer, Alabama, page 3
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
Richard A. Bearden
Construction, Estate Planning, Employment, Criminal
Status: In Good Standing Licensed: 28 Years
1780 Gadsden Hwy, Birmingham, AL 35235
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Garrick L. Stotser
Construction, Arbitration, Estate Planning, Business Organization
Status: In Good Standing Licensed: 38 Years
1780 Gadsden Hwy, Birmingham, AL 35235
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LEGAL TERMS
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
NOVATION
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
DEED IN LIEU (OF FORECLOSURE)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.
MORTGAGE
A loan in which the borrower puts up the title to real estate as security (collateral) for a loan. If the borrower doesn't pay back the debt on time, the lender... (more...)
A loan in which the borrower puts up the title to real estate as security (collateral) for a loan. If the borrower doesn't pay back the debt on time, the lender can foreclose on the real estate and have it sold to pay off the loan.
LEASE
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'
NULLA BONA
Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.
INHERITORS
Persons or organizations who receive property from someone who dies.
EASEMENT BY PRESCRIPTION
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten year... (more...)
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.
SAMPLE LEGAL CASES
Bright v. Calhoun
... 618 never refers to an ordinance that contains a budget. Our inquiry is governed by settled
principles of statutory construction: "`The fundamental rule of statutory construction is that this
Court is to ascertain and effectuate the legislative intent as expressed in the statute. ...
McLemore v. Hyundai Motor Mfg. Alabama, LLC
... an acre. There is no contract or option on the property currently and you estimate
it will cost us approximately $750,000.00 which you are willing to refund to us in some
fashion during the track construction phase. Randy Evans ...
Ex parte Birmingham Bd. of Educ.
... Standard of Review. Our standard of review is de novo: "Because the issues presented by [this
appeal] concern only questions of law involving statutory construction, the standard of review
is de novo. ... When the language is clear, there is no room for judicial construction. ...
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