Owner‑impersonation schemes have grown beyond fake leases. These cons have become more sophisticated, targeting vacant property, absentee owners, and parcels that can be listed and sold quickly through online platforms and even through realtors. The Alabama Property Protection Act of 2026 seeks to address to this problem by creating a modern enforcement framework designed to stop fraudulent transfers before they destabilize ownership, cloud title, or force victims into length

One of the biggest misconceptions driving fear of probate is the belief that families must “avoid probate” to avoid taxes. In Alabama, there is no inheritance tax and no state estate tax at all. Nothing about probate triggers a state‑level tax. Federal estate tax applies only to estates exceeding $13 million per individual. Probate does not create tax liability; in fact, it often preserves tax advantages. Probate Is Not the Monster People Imagine Many families hear the word p

In Pung v. Isabella County (June 23, 2026), the United States Supreme Court clarified a foundational rule governing tax‑sale takings: “just compensation” is measured by the actual auction sale price—not the property’s hypothetical fair market value—so long as the tax sale is fairly conducted in light of the Nation’s historical tax‑sale practices. The Court emphasized that for centuries, governments have used tax foreclosure and public auction as a lawful method of collecting

The Supreme Court of Alabama’s decision in Ex parte Ross confirms three years of continuous adverse possession after the purchaser becomes entitled to a tax deed cures a defective or void tax sale, and if the owner sues for redemption, that waives the claim of a bad sale. When the Three‑Year Period Begins The three‑year cure period begins only when the purchaser becomes entitled to demand a deed, which occurs three years after the sale, and only if the purchaser is in actual

For Alabama tax‑deed investors, the single most powerful tool you have to shut down judicial redemption is also the simplest: Possession. The Supreme Court of Alabama’s decision in Ex parte Ross makes this more clear than ever. If the former owner is not in possession—actual, constructive, or scrambling—then judicial redemption is not allowed. That has been the law for a long time, but the Ross ruling makes it very clear to judges that investors win this argument. Judicial re

Those of you who have attended seminars or are my clients have heard me say that wholesalers that lead the seller into believing that they (the wholesaler) are planning to buy and live in the house, or don’t tell the buyer that they hold a contract for the property, not the title, are sketchy and I don’t deal with them. But I do work with wholesalers who give notice to both sides exactly what their position and interest is. Read on to find out what is legally required, and w

Alabama does not recognize “squatter’s rights” in the way some Western states do. Instead, Alabama law treats unauthorized occupants as criminal trespassers, and investors can use a combination of criminal statutes and civil ejectment procedures to remove them. Alabama Criminal Trespass Under Ala. Code §§ 13A 7 1 through 13A 7 4, a person who knowingly enters or remains on property without permission commits Criminal Trespass. Under state law (HB 182) owners can request local

Using an LLC to hold investment real property in Alabama offers several advantages, but there are also disadvantages, especially for homeowners. The primary benefit for investors is limiting liability for accidents that happen on the property. When the property is titled in the name of an LLC rather than an individual, claims arising from the property—such as tenant injuries, premises liability, or contractual disputes—are generally limited to the assets of the LLC. This sepa

Every year, Alabama counties auction off thousands of unpaid property tax liens. Many local residents ignore these events, yet investors from across the country watch them with great interest-and invest millions. This annual county process has become a massive engine for passive income over the last 6 years and according to www.parcelfair.com only 24% of the investors are in Alabama. If you seek good yields without the typical headaches of stock market volatility, this provid

Many property owners look for ways to avoid probate, often assuming that placing real estate into a trust or adding a family member as a joint tenant will create a simple, seamless transfer at death. While these tools can be effective when properly structure d, they are frequently used improperly, leading to significant tax consequences, title defects, creditor exposure, and long‑term planning failures. What begins as an attempt to “keep things simple” can ultimately create f

Investing in foreclosure properties in Alabama can offer attractive opportunities for buyers seeking real estate at below-market prices. However, the process involves unique legal risks and requirements that investors must understand to protect their investments. This article explains critical aspects of foreclosure investing in Alabama, including the right of redemption, buying properties "as-is," title risks from senior liens, due diligence, and the proper legal steps to ta

By Gregory S. Stanley, Esq. If you're a small landlord in Alabama—owning just a handful of rentals—every missed rent check or legal delay hits hard. Eviction can be a necessary business move, but only if you do it by the book. Alabama's eviction laws are strict, and one mistake can send you back to square one. Don’t make these mistakes: 1. Using Online or Out-of-State Forms Generic eviction forms from the internet—or worse, from another state—won't hold up in Alabama courts.

In Alabama real estate practice, notarization of a deed is not a mere formality — it is a legal requirement that when defective can render the instrument unrecordable, unenforceable, or voidable. At Stanley & Associates, we encounter title defects rooted in notary errors that could have been avoided. Below are the most common — and most consequential — ways a notarization can go wrong. Placeholder or Incorrect Grantor Names A notary who fails to verify that the name on the de

The Alabama Supreme Court’s 2025 decision in McCain v. Sneed is a warning to real estate investors and sellers thinking about lease purchase arrangements. What began as a seemingly standard rent to own deal evolved into a multi-year litigation battle that ended with the seller being ordered to convey title—on terms dictated by the court rather than the contract’s original intent. The case illustrates how legally volatile and judicially disfavored these hybrid arrangements hav

Owners Associations (ASSOCIATION/COA/POA/TOAs) exist to preserve property values and ensure the long‑term functionality and enjoyment of shared community assets. To do that effectively, an association must plan not only for today’s operating expenses but also for tomorrow’s inevitable capital repairs and emergencies, plus your insurance probably requires a 30% reserve. A well‑funded reserve demonstrates responsible governance, protects the board from liability, avoids specia

The case of United States v. Heppner has brought a new and critical issue to the forefront of legal practice: how courts treat documents generated by artificial intelligence tools. Bradley Heppner, the former chairman of GWG Holdings, Inc., faces serious charges including securities fraud and conspiracy. A key development in this case involves 31 documents created using a commercial AI tool called Claude, which prosecutors seized during a search of Heppner’s residence. The c

Real estate investors today have more financing options than ever before—and one of the most popular tools in the investor toolbox is the DSCR loan, or Debt Service Coverage Ratio loan. Unlike traditional mortgages that rely on the borrower’s income, DSCR loans focus on the income‑producing potential of the real property itself. This makes them especially attractive for self‑employed borrowers, portfolio investors, and short‑term rental hosts seeking scalable financing. What

Alabama’s real estate market is shifting into a more deliberate, less overheated phase — and for investors, that’s often where the best opportunities emerge. Slower buyer activity, rising inventory, and steady price appreciation are reshaping the landscape in ways that reward disciplined, long‑term strategies. Whether you’re focused on rentals, flips, or portfolio expansion, the current environment offe rs room to maneuver that simply didn’t exist during the frenzy of the pas

Subject-to (Sub-2) in real estate is a creative financing strategy where a buyer takes ownership of a property but leaves the existing mortgage in the seller’s name. That is, the property is purchased “subject to” the original mortgage. The buyer receives the deed and agrees to continue making the mortgage payments, while the loan itself remains in the seller’s name. - The seller gets the benefit of saving their credit from default or foreclosure, and the monthly payments i

People in Alabama are being targeted by the “Baker estate” scam again, which falsely promises inheritance claims and leads victims to lose money and personal records. We all should be extremely cautious if contacted regarding a supposed share in the "Baker estate," as this long-running hoax has victimized countless people for over a century.​ The insidious nature of this scam relies on the fact that it is being perpetrated using various surnames--it could be called "The Stanl