How do I remove prior owner after buying a bank owned property?

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How do I remove prior owner after buying a bank owned property?

Is there a 3 day notice to quit that applies to prior owner in Alabama who won’t leave?

Asked on August 27, 2018 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under Alabama Code Section 6-6-280, you have to bring an action for ejectment, which means filing a lawsuit in court to remove the person. Unlike eviction, this is not a "summary" proceeding--there are not procedural shortcuts or compressed timeline. You file the complaint; they get a month to respond; you an each seek discovery from the other side--it is like any other lawsuit, not like evicting a tenant, since eviction only applies to tenants, not prior owners. You should retain an attorney to help you.


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