Last month, the Alabama Supreme Court bypassed the statute of frauds and held that, even though one party had clear record title, the dispute over ownership should go to trial. While the opinion purported to apply “well-settled” Alabama law, it is a strong reminder that the statute of frauds does not apply to all real estate transactions and that record title holders may have to defend against an oral contract in certain situations.

Continue Reading Alabama Supreme Court: Statute of frauds does not apply when seller deeds real property directly to lender in purchase-money transaction.