What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.
answered on Feb 20, 2024
The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More 
If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?
answered on Feb 20, 2024
No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More
Bank transactions reflect transfer of funds on date of home purchase date
answered on Feb 18, 2024
In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More
It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More
answered on Feb 12, 2024
If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More
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answered on Nov 10, 2023
You must first file a claim with the clerk of the court where the auction was held. The claim must be filed within 60 days of the sale date.
Once you have filed the claim, the clerk of the court will notify the other parties involved in the foreclosure, including the lender and the buyer.... View More
Single family home. I am a senior, age 67
answered on Nov 6, 2023
There are a lot of options. If you haven't previously requested a loan modification, partial claim, or another type of loss mitigation. The loan holder will likely work with the homeowner to postpone the sale to allow the loss mitigation application to be processed. Other options include... View More
answered on Jun 21, 2023
It is rare to receive the surplus funds quicker than 30 days. In the event that the surplus funds are turned over to the court in an interpleader action, it could take 6-12 months to receive the money. Hiring an attorney expedites the process and helps avoid evidentiary issues as well as issues... View More
answered on Jun 20, 2023
You would need to file for an injunction in the Superior Court in the county where the loan holder is located. Filing for an injunction is a complicated process that gets a high level of scrutiny from the judge. Defenses to foreclosure in Georgia are also very limited in scope. Schedule a free... View More
I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.
answered on Jun 1, 2023
The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More
Another man send me a summons. Is this legal?
answered on May 15, 2023
You should have received notice of the non-judicial foreclosure by certified mail at least 30 days prior to the sale being conducted. The notice is also published in the newspaper. You can typically check for the foreclosure notice online to see if your house was up for auction. The summons would... View More
At auction due to a death and the property to be considered unclaimed
answered on May 9, 2023
Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More
Unpaid Principal and interest = $345,275.62
15% of the first $500 = $75.00
10% of the rest = $34,477.56
Total Stat fees = $34,552.56
answered on Mar 17, 2023
OCGA 13-1-11 allows for the collection of attorney fees based on the amount of the underlying indebtedness. The calculation you have performed is correct. However, in cases where the amount of attorney fees is greater than $20,000.00, the debtor can challenge the reasonableness of the fees. It is... View More
Was looking up my name today on google. And found that my home that was foreclosed upon four years ago in GA is still listed in my name with todays date on the county tax assessors page Is there something I can do with this information to possibly get my house back?
answered on Mar 17, 2023
A title search of the real estate records in the clerk of court's office would determine whether you are still the owner of the property. The tax records are not official records regarding title to real estate. If you are still the owner, the property would be subject to the mortgage, and you... View More
Was looking up my name today on google. And found that my home that was foreclosed upon four years ago in GA is still listed in my name with todays date on the county tax assessors page Is there something I can do with this information to possibly get my house back?
answered on Mar 17, 2023
I wonder how certain you are that a foreclosure actually occurred.
Properties are posted for foreclose and listed for foreclose all the time without the lender actually following through with the actual foreclosure sale.
This happened even more frequently during the earlier days of... View More
I owe 18,000. in back HOA fees. Orignially I was told 13,000.00 from the HOA. I called the court and was told to answer the summons via internet. I now work in Seattle WA, but want to keep the property in Georgia. I don't know what my legal recourse is for this. Not sure if they are placing a... View More
answered on Feb 28, 2023
Your house is in foreclosure due to unpaid HOA dues and assessments. If you do not answer the lawsuit, you will lose the home to foreclosure. In addition, the complaint alleges damages for unpaid dues that will be a personal judgment against you if you do not file an answer. It is likely a lien is... View More
I have title insurance since I bought it is a second chance foreclosed property from xome.com platform
answered on Feb 3, 2024
If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period
answered on Oct 7, 2021
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... View More
I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... View More
answered on Aug 23, 2021
Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... View More
The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.
Can a lender avoid going to the court house steps & sell/foreclose on... View More
answered on Aug 18, 2021
Your second paragraph is answered "It depends." The devil is in the wording of the documents.
The first paragraph does not ask a question.
If your question is only one question involving both paragraphs, again the answer would be "It depends."
How a would go about getting my bond money back?
answered on Apr 25, 2020
Multiple issues control this. First, is the case over yet. If so, then yes.
In still pending, on misdemeanor cases, after 12 months, you can ask the court to release you as surety.
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