What is a GAL?

In quiet title cases a Guardian ad litem – commonly abbreviated as GAL – is a lawyer who is appointed by the court pursuant to AL Code 43-2-448 to represent unknown interests in real property and sometimes to represent known, but incompetent interests.  'Ad litem' is a Latin term which means ‘for the proceedings’ or ‘for the lawsuit’ so the GAL is the guardian for the parties she represents for the proceedings.

When is a GAL Required in Alabama?

Alabama Code 6-6-560 requires a GAL for tax lien certificate foreclosures and for in rem quiet title proceedings.  This makes sense because property tax laws are designed to elicit payment of taxes, but to be fair about it.  Alabama courts hate any forfeiture and the courts want everyone with an interest to be represented. Code does not require a GAL for in personam quiet title cases because there are no unknown parties, but for unknown reasons, some judges appoint one anyway.

There is a misconception among some that the GAL’s job is only to seek out unknown interests, but that is only the first part of the job.  The GAL, just like any attorney, must vigorously defend the rights of his client, whether the client is named or not.  This means that in Alabama courts, the GAL is often expected to ensure corporate formalities and statutory requirements are met by the plaintiff. 

The Plaintiff should want the GAL to ensure all statutes are followed because title companies will not insure titles of property when, for instance, the statutory three-year adverse possession requirement has not been plead in a tax deed quit title case. 

In this manner the GAL helps the plaintiff avoid having to file a new quiet title because a title company will not insure the title due to a statutory oversight in the quiet title process.  The GAL is technically adverse to the plaintiff but is actually a safeguard against wasting time and money on an incomplete quiet title.

What should a GAL be paid?

A Guardian ad litem is entitled to reasonable compensation, to be fixed by the court, and taxed and collected as costs according to AL Code § 43-2-448 (2024).  Compensation ranges from $1000 but up to $8000 depending on how well the plaintiff made their case. 

When a complaint meets the GAL statutory requirements checklist and all skip traces and title binders are presented to the GAL when she is appointed, the fees should be close to $1000. Otherwise, the GAL’s fees are generally set at ~$300 per hour regardless of the GAL’s experience.

You can get a $250 consultation about your quiet title with Stanley & Associates by contacting Jim@Stanley-Law.Com or emailing Office@Stanley-Law.Com,

No representation is made that legal services to be performed are greater than those performed by other attorneys.

GAL?