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Questions Answered by Jennifer Pierce
3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If only one person is named in will, do any other heirs receive anything
Jennifer Pierce
Jennifer Pierce
answered on Jun 27, 2023

If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
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

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am a co-borrower on a mortgage in Georgia but not on the deed. What liability will I have if the house is foreclosed?

The primary borrower does not expect me to contribute financially to the mortgage, but I know that if the house is foreclosed I will still be liable. What are the general procedures during foreclosure in Georgia, and where would be the best place to put my assets to reduce the risk of losing them... View More

Jennifer Pierce
Jennifer Pierce
answered on Feb 23, 2023

The foreclosure process in Georgia is relatively quick and straightforward. The primary steps are a notice of foreclosure is sent to borrowers/owners at least 30 days before the scheduled foreclosure sale, the notice of sale is published for the 4 weeks immediately preceding the sale, and finally... View More

1 Answer | Asked in Probate for Georgia on
Q: my gps jointly owned prop; gd died in 90s; gm died 2021; 2 heirs together. gd extra 2 heirs - r they included as heirs?

My grandparents jointly owned property in Georgia. My granddad died in 1990, leaving behind 4 children. 2 of his children are with my grandmother (whose name is on the property) & 2 of his children are not related to my grandmother. Then, my grandmother died in 2021. Both of my grandparents... View More

Jennifer Pierce
Jennifer Pierce
answered on Feb 8, 2023

The answer is dependent upon how your grandparents held joint title - as tenants in common or as joint tenants with rights of survivorship. If tenants in common, your grandfather's heirs would inherit his 1/2 interest in the property. If the property was held with rights of survivorship,... View More

1 Answer | Asked in Consumer Law and Animal / Dog Law for Georgia on
Q: Question about being sued with no proof

I am being sued by my neighbor because he is stating my dog killed 13 chickens of his and damaged 1. He has no proof of my dog killing his chickens and no proof of my dog on his property. He has a picture from from about 4-5 months prior to this of my dog wrapped around his tree because it broke... View More

Jennifer Pierce
Jennifer Pierce
answered on Jan 30, 2024

The burden of proof is on your neighbor since he brought the lawsuit. If he cannot prove his claims, his lawsuit will be dismissed.

1 Answer | Asked in Criminal Law for Georgia on
Q: Criminal trespassers offered me a lease for a room in a house. Is that fraud?

They broke the lockbox and made keys and started leasing off the rooms. Is this fraud?

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

You said it yourself - this is criminal. Find somewhere else to live.

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.

1 Answer | Asked in Probate for Georgia on
Q: if no beneficiary life and/or pension, company says goes to estate does only one named in will get the money
Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

Presuming that 1) the life insurance policy dictates that the proceeds go to the estate if a beneficiary isn't named and 2) the will is valid, then the proceeds should go to the designated beneficiary in the will after debts of the estate are paid.

3 Answers | Asked in Probate for Georgia on
Q: probating will solemn form

I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?

Jennifer Pierce
Jennifer Pierce
answered on Jun 26, 2023

Presuming you are using the standard form, the children of your deceased brothers would be included in Paragraphs 3 & 4.

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2 Answers | Asked in Foreclosure for Georgia on
Q: How long does it take to get the overage after foreclosure in Georgia
Jennifer Pierce
Jennifer Pierce
answered on Jun 21, 2023

The timeframe varies greatly depending on many factors, including the number of lien holders (if any) to be paid, whether an interpleader is filed, and the foreclosure firm itself (some are quicker at disbursement than others).

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1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: tenancy in common law says property will be shared equally UNLESS "the contrary appears" how does the contrary appear?

I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.

how does the contrary appears clause apply in this law?

if i can prove that he is behaving contrary to the best interest of the property, does that qualify?... View More

Jennifer Pierce
Jennifer Pierce
answered on Jun 5, 2023

If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.

1 Answer | Asked in Real Estate Law and Civil Rights for Georgia on
Q: Special assessment by HOA in Georgia

This year first HOA increased our annual assessment from $700 to $800. Within 5 months into this year, they have now levied $350 as special assessment which is like 45% to our annual assessment. They have not done any homeowner voting for that and has sent us notice today with a due date in 8 days.... View More

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

The bylaws and covenants of the HOA will determine the procedures to issue a special assessment. You state that the bylaws do not require a vote to issue the special assessment, so there does not appear to be any recourse for you.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.

2 Answers | Asked in Real Estate Law, Banking and Probate for Georgia on
Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

Jennifer Pierce
Jennifer Pierce
answered on May 1, 2023

Regarding your legal obligation on the mortgage: if you were not a party to the loan, or did not otherwise assume the loan, then you are not personally responsible for repayment. However, as noted by Mr. Clifton, the mortgage still needs to be paid or the bank will foreclose.

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